47
activity or erotic behavior in a way that is designed to arouse sexual
excitement.
The defacto complainant (P.W. 1) in the written complaint
mentioned about a URL that the accused uploaded the nude pictures
and videos of the defacto complainant in a porn site and stated the
details URL of it. At the time of examination -in- chief of the defacto
complainant (P.W. 1) stated that “if court gives me the opportunity
then I can show it before the court today that the link containing my
video is still available with my name and my father’s name. I had
seen my video yesterday evening that the link is still alive. Today my
personal nude photos are spreading every where in this world and it
is now impossible for me to live in this world.”
The website pornhub is opened which contained the link of the
video and the witness stated that this is my video with my name and
my father’s name.
So, it appears before this court that the video of the defacto
complainant is still available in the virtual world when she deposed as
P.W. 1 in the exact “URL” which contained the nude video of P.W. 1. So,
it can be presumed that the video has been uploaded to the website
as P.W. 1 claimed that the video is that of her.
Now
the
question
is
whether
this
accused
person
has
committed any offence u/s 354A/354C/354D/509 of IPC and sections
66E/66C/67/67A IT Act 2000 (Amendment 2008) or not.
From the evidence of P.W. 5 it appears that Animesh Boxi used
to study Mechanical Engineering final year at Budge Budge Institute
of Technology. P.W. 5 identified the admission form of Animesh Boxi
and stated that it had been filled up by Animesh Boxi and it had been
signed by Animesh Boxi and he knew the handwriting and signature
of Animesh Boxi. There is nothing in the cross examination of P.W. 5
that Animesh Boxi is not the student of Budge Budge Institute of
Technology. Now, this court finds from the cross examination of P.W. 5
who stated that “Student has to fill up registration form online by
himself. The registration form is typed and filled up at present.” which
means that at present submission of registration form is done online.
There is also nothing in the cross examination of P.W. 5 that Animesh
Boxi had submitted registration form online or challenged the
admission form. Section 106 of Indian Evidence Act states that burden
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