118
had been put from the side of the defense to the contents of the CD
and DVD during cross examination.
Now, as the defence has raised the point that it is not clear
what lies in those CD and DVD first time in the stage of argument and
even they got ample opportunity the defence had never suggested
any specific question to that effect as regards to what lies within
those CD and DVD. On careful perusal of exhibit 39 this court finds
that it has been clearly stated in the CFSL report regarding the
contents of the video which contained in the CDs and DVDs that “a
girl who removes her cloth and do some self sexual stimulating
activity of herself in front of a camera” and thus from this the nature
of the video is very much clear and moreover after the CFSL report
has been submitted then the CD and DVD in sealed condition was
returned and the sealed was opened before this court at the time of
evidences. This CSFL report has not been challenged from the side of
the accused at the time of when this document has been marked as
exhibit before any higher forum. From this CFSL report the contents of
the CD and DVD is very much clear.
Ld. Lawyer for the accused at the time of argument submitted
that the sections 354A, 354C and 354 D are with in the chapter of
offences affecting the human body and here there in no injury at all
and hence the charge under these sections are baseless.
Section 44 in The Indian Penal Code defines “injury” as the word
“injury” denotes any harm whatever illegally caused to any person, in
body, mind, reputation or property. So definitely it affected the and
reputation of the victim in this case. P.W. 1 is the victim of this case
and thus by uploading the nude pictures and video of P.W. 1 in the
virtual world it definitely caused injury in her mind and reputation.
The facts and evidence of the present case are perfect blend of
technical and conventional evidence. Going through the factual
aspects, legal aspects, mixed aspects of facts and law and from the
techno-legal perspective, on perusal of the evidence the prosecution
is confidence that it has proved the case beyond reasonable doubt
taking all modern techno-legal edifice and all the penal sections
under which the charge has been framed have been proved in toto
with all its ingredients under Indian Penal Code as well as Information
Technology Act (As Amended), 2008.
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات