The accused was the family friend of the victim. The accused wanted to marry the victim but the victim refused and married another person. The marriage broke apart. On seeing this, the accused saw this as an opportunity and asked her for marriage. The victim refused again. On being 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 calls were in the belief the victim is soliciting for sex work. 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.

Issue

1. Was the accused liable of the mentioned charges?
1. Section 469- Indian Penal Code, 1860 (Forgery for purpose of harming reputation)
2. Section 509- Indian Penal Code, 1860 (word, gesture, an act intended to insult the modesty of a woman)
3. Section 67 – Information Technology Act, 2000 (publication of submitting on the electronic mode that is against the will and is to cause defamation

Contention

The defence counsel argued that the offending mails and messages were either 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.

Decision

Despite all such arguments, the proofs were presented before the Court. The IP address belonging to the harasser was the same as the accused. The Cyber Café owner, an eye-witness, gave statement against the accused. After relying on the expert witnesses and other evidence produced before Court, the Additional Chief Metropolitan Magistrate held the accused guilty of offences under Section 469, Section 509 IPC and Section 67 of Information Technology Act, 2000.

1. (Section 469 of IPC- Forgery for purpose of harming reputation.)
2. (Section 509 of IPC- Word, gesture or act intended to insult the modesty of a woman.)
3. (Section 67 of Information Technology Act, 2000- Punishment for publishing or transmitting of material containing the sexually explicit act, etc., in electronic form.)

Also, the accused is convicted and is sentenced for the said offence. He has to undergo 1 year of S.I (Simple Imprisonment) and pay a fine of Rs. 500/- under the charges of Section 509 of IPC. He also has to undergo 2 years of R.I (Rigorous Imprisonment) under Section 469 of IPC. For the offence under Section 67 of the Information Technology Act, 2000, he has to undergo 2 years of R.I. and pay a fine of Rs. 4000/-. All the sentences will run concurrently.