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In this present case the victim P.W. 1 identified her nude videos
and submitted screen shots of the same along with written complaint
and it is established that those videos belong to the victim P.W. 1 as
per the CFSL report and moreover the victim herself identified those
videos as that of her and hence this court is of the view that the
prosecution has proved the offence u/s 66 E Information Technology
Act beyond the shadow of all reasonable doubts as because her
uploaded video contained the pictures of her private part which has
been transmitted and published by the accused on the virtual world.
Section 66 C of the Information Technology Act states Whoever, fraudulently or dishonestly make use of the electronic
signature, password or any other unique identification feature of any
other person, shall be punished with imprisonment of either
description for a term which may extend to three years and shall also
be liable to fine which may extend to rupees one lakh.
In this present case P.W. 1 stated that she had not given her
nude pictures and video to the accused and the accused took away
secrectly. In the cross examination of P.W. 1 there is an admission
from the side of the accused regarding this when P.W. 1 stated that “It
is a fact that the accused did not take my pictures or videos which are
available in the virtual world. The witness voluntarily stated that the
accused took her pictures secretly.” Evidence as a whole will go and
hence this court is of the view that the prosecution has proved the
offence u/s 66 C Information Technology Act beyond the shadow of all
reasonable doubts.
Section 67 of the Information Technology Act states Punishment for publishing or transmitting obscene material in
electronic form - Whoever publishes or transmits or causes to be
published or transmitted in the electronic form, any material which is
lascivious or appeals to the prurient interest or if its effect is such as
to tend to deprave and corrupt persons who are likely, having regard
to all relevant circumstances, to read, see or hear the matter
contained or embodied in it, shall be punished on first conviction with
imprisonment of either description for a term which may extend to
three years and with fine which may extend to five lakh rupees and in
the event of second or subsequent conviction with imprisonment of
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