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the accused pressurized, forced the P.W. 1 by stating her to go for
outing and when she refused his proposal he was in a revenge mood
and threatened her and committed the heinous crime of uploading
the hacked or unauthorizedly obtained the nude videos on internet by
labeling her name and her father’s name. The accused created
pressure or he would publish private photos and the motive of the
accused is very much clear. How much the accused was angry as
while uploading the nude videos the accused had given the father’s
name of the victim P.W. 1 along with the name of the victim.
Ld. Special PP at the time of argument relied a citation reported
in State vs Jeet Singh (1999)4 SCC 370; see also Nathuni vs State
(1998)9 SCC 238 and State vs Babu Ram (2000)4 SCC 515 where it
was held that “Every criminal act is done with a motive but its
corollary is not that no criminal offence would have been committed
if the prosecution has failed to prove the precise motive of the
accused”.
In this context Ld. Special PP at the time of argument relied a
citation reported in AIR 1972 SC 54 : 1972 CrLJ 7 where it was held
that
“Motive
and
opportunity
to
commit
the
crime
present.
Circumstantial evidence excludes the reasonable possibility of any
one else being the culprit. The accused become fixed” and argued
that here in this case accused wanted to fulfill his demand and when
P.W. 1 refused, he uploaded the sexually explicit video containing her
private parts without her permission and knowledge and again, he
collected her nude videos by unauthorizedly accessing her mobile
collecting her password from her diary which was accessible to him in
their good times. Hence motive and opportunity to commit the crime
was available and present. Again the available circumstantial
evidence excludes the reasonable possibility of any one else being
the culprit other than the present accused person, the allocated IP
address, the IMEI no., the Gmail and Pornhub account in his name, the
Vodafone and Jio connections number used and their availability in
the seized mobile phone from the accused person only proved his
involvement in the commission of the heinous crime which has
devastated P.W. 1’s life.
In this present case many certificates u/s 65 B of the Indian
Evidence Act were issued by the witnesses who had prepared it and
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