Name Of The Case- State of Tamil Nadu v Suhas Katti

Citation- CC. No. 4680 of 2004

Court-  CHIEF METROPOLITAN MAGISTRATE, EGMORE

Bench- Justice Markandey Katju, Justice Gyan Sudha Mishra

Decided On -05/11/2004

BRIEF FACTS :-

·       In this case defendant was a good friend of the complainant family, He wanted to marry her but she had already married another man. After her divorce, the accused tried to force her to marry him again, but she refused.

·       the accused posted obscene and defamatory messages about the said victim on Yahoo messenger groups harming her reputation and insulting her modesty. The accused also forwarded emails received in a fake account opened by him in the victim’s name. The posting of messages resulted in annoying calls to the victim. 

·       The victim was fed up with the harassment took steps against it and filed a report again him. The accused was arrested and he reiterated that he did not do such a thing.

PROSECUTION ARGUMENTS :-

·       The prosecution counsel argued that the obscene messages sent by her ex-husband or any other person but him. He argued that the  victim herself wanted to marry the accused and after being rejected, the victim tried to put false allegations on the accused.

ACCUSED ARGUMENTS :-

The accused counsel argued that the accused is not liable under sec 67 of the IT Act, 2000. And offending mails are sent by the lady herself to implicated the accused as accused alleged to have refused her marriage proposal. The IO has failed to inspect the computer system at the residence and office nor took any precaution to establish the chain of custody required in computer forensics.

ISSUES:-

·       Whether the accused was liable for charges under section 67 of the Information technology Act, 2000, 469 and 509 of Indian Penal Code, 1860 ?

RATIO DECIDENDI:-

In this case supreme court gave the following reasoning for its judgement :-

·       The accused posted obscene and defamatory messages about the said victim on Yahoo messenger groups harming her reputation, sentenced under Section 67 of the IT Act .

·       The accused also created fake account and forwarded emails to victim. which amount to forgery sentenced under section 469 of IPC.

·       the accused made obscene and defamatory messages about the said victim, potraying her sex worker, sentenced under section 509 of IPC deals.

JUDGEMENT :-

the honourable judges has passed the judgement by the accused was sentenced under section 67 of the Information Technology Act, 2000, as well as sections 509 and 469 of the Indian Penal Code, 1860, for his actions,sentenced to undergo rigorous imprisonment for 2 years, a fine of Rs. 500 .

Held :-

This case is disposed.

Case law :-

·       Sreekumar V. vs. State of Kerala