8
12.
It is not disputed that the appellant is the senior
manager of the intermediary and the managing director of the
intermediary has been discharged of all the offences as per the
decision in Aneeta Hada (supra). and further that singular
charge that has been framed against the appellant is in
respect of Section 292 IPC. It is submitted by Dr. Singhvi that
the appellant could not have been proceeded under Section
292 IPC after having been discharged under Section 67 of the
IT Act.
Mr. Rohatgi, learned Attorney General assisting the
Court submitted that Section 67 of the IT Act is a special
provision and it will override Section 292 IPC. He has made a
distinction between the offences referable to the internet and
the offences referable to print/conventional media or whatever
is expressed in Section 292 IPC.
Mr. D.S. Mahra, learned
counsel appearing for the NCT of Delhi, would contend that
publishing any obscene material as stipulated under Section
67 of the IT Act cannot be confused or equated with sale of
obscene material as given under Section 292 IPC, for the two
offences are entirely different.
It is urged by him that an
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