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17.
At the outset, we may clarify that though learned counsel
for the appellant has commended us to certain authorities
with regard to role of the appellant, the concept of possession
and how the possession is not covered under Section 292 IPC,
we are not disposed to enter into the said arenas. We shall
only restrict to the interpretative aspect as already stated. To
appreciate the said facet, it is essential to understand certain
provisions that find place in the IT Act and how the Court has
understood the same. That apart, it is really to be seen
whether an activity emanating from electronic form which may
be obscene would be punishable under Section 292 IPC or
Section 67 of the IT Act or both or any other provision of the IT
Act.
18.
On a perusal of material on record, it is beyond dispute
that the alleged possession of material constitutes the
electronic record as defined under Section 2(1)(t) of the IT Act.
The dictionary clause reads as follows:“Section 2(1)(t). electronic record” means data,
record or data generated, image or sound stored,
received or sent in an electronic form or micro film
or computer generated micro fiche;”
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