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either description for a term which may extend to five years and also
with fine which may extend to ten lakh rupees.
In this present case this court finds that this accused had
transmitted and published the obscene materials (being the nude
video of the victim) in the internet from his mobile phone and hence
this court is of the view that the prosecution has proved the offence
u/s 67 Information Technology Act beyond the shadow of all
reasonable doubts.
Section 67 A of the Information Technology Act states Punishment for publishing or transmitting of material of
material containing sexually explicit act etc. in electronic form Whoever publishes or transmits or causes to be published or
transmitted in the electronic form any material which contains
sexually explicit act or conduct shall be punished on first conviction
with imprisonment of either description for a term which may extend
to five years and with fine which may extend to ten lakh rupees and
in the event of second or subsequent conviction with imprisonment of
either description for a term which may extend to seven years and
also with fine which may extend to ten lakh rupees.
In this present case the videos that were uploaded by the
accused contained sexually explicit acts of P.W. 1 and CFSL reports
also stated about the nature of the video and those videos belong to
the victim P.W. 1 and from the mobile phone of the accused those
videos had been uploaded by the accused had been established and
hence this court is of the view that the prosecution has proved the
offence u/s 67 A Information Technology Act beyond the shadow of all
reasonable doubts. Thus the citation as referred by the Ld. Lawyer for
the accused at the time of argument in (2017) 2 Supreme Court
Cases 18 is not applicable in this case.
So, considering the evidences, the exhibits and material
exhibits from the side of the prosecution, considering the arguments
from both sides and considering the facts and circumstances of the
case, the cogent, clear, consistent and reliable evidences from the
side of the prosecution and the statement of the accused u/s 313 Cr.
PC which appears to be motivated and purposive this court holds that
the prosecution has proved the offences u/s 354A/354C/354D/509 of
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