121 2. monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking. Provided that such conduct shall not amount to stalking if the man who pursued it proves that — 1. it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or 2. it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or 3. in the particular circumstances such conduct was reasonable and justified. (2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. This court is of the view that the prosecution has proved the offence u/s 354 D of IPC where the victim P.W. 1 was stalked thoroughly on the online and this happened as the accused had uploaded it in the virtual world. Section 509 of the Indian Penal Code states Word, gesture or act intended to insult the modesty of a woman - Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine. Ld. Special PP at the time of argument referred a judgment 1996 AIR 309, and submitted that modesty has not been defined in Indian Penal Code but had been beautifully described in Rupan Deol Bajaj & Anr vs Kanwar Pal Singh & Anr.

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