Law: Copyrights Ordinance, 1962

Section: 66,66-A

Law: Criminal Procedure Code (V of 1898)

Section: 63,103,265-H

Law: Penal Code (XLV of 1860)

Section: 53

(a) Copyright Ordinance (XXXIV of 1962) ---.--- ---.--- -Ss. 66 & 66-A ---.--- Criminal Procedure Code (V of 1898), Ss.63, 103 & 265-H ---.--- Selling, distributing and supplying counterfeit electric capacitors ---.--- Appreciation of evidence ---.--- Accused was found in selling, distributing and supplying electric capacitors which were found counterfeit/infringed ones of the original product of complainant ---.--- Accused failed to produce any lawful authority/permission to sale, distribute, supply said capacitors ---.--- Accused filed application under S.63, Cr.P.C., wherein he urged that he should be discharged from the FIR as he had not committed any offence, but he himself was an affectee of said crime committed by some other person ---.--- Accused did not manufacture the pirated capacitors himself, but was selling them as a retail seller "not knowingly" that same were pirated goods ---.--- Said fact was disclosed to Investigating Officer by the accused ---.--- Accused, in circumstances, would not fall within the mischief of S.66 of Copyright Ordinance, 1962 as said section qualified the infringement of copyright with the word "knowingly" ---.--- Deficiencies had been found in the prosecution case to the effect that S.103, Cr.P.C., had not been complied as no case property, along with Mashirnama was produced for comparison of registered and (allegedly) pirated artistic work, nor any independent witness appeared to have been cited ---.--- Tribunal taking lenient view, convicted the accused till rising of the court and imposed a fine of Rs.1000 with a warning to be careful in future. (b) Penal Code (XLV of 1860) ---.--- ---.--- -S. 53 ---.--- Sentence, awarding of ---.--- Object ---.--- Purpose of awarding sentence was two fold; firstly it would create such atmosphere which could become a deterrence for the people who had inclination towards crime; secondly to work as a medium in reforming the offender with a warning to be careful in future ---.--- Certain facts such as circumstances in which offence was committed and whether the same was committed "deliberately" or otherwise, "knowingly" or "not knowingly" and the age and character of offender,…

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