RAVINDRA SINHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 05-11-2014 passed in Special Sessions Trial No.11/2013 by the Special Judge (Atrocities) North Bastar Kanker, C.G., convicting the appellant under Section 67 of the Information Technology Act, 2000 and sentencing him with R.I. for 02 years and fine of Rs.25,000/- with default stipulation.

(2.) The prosecution case, in brief, is this, that the prosecutrix (PW-1) went missing in December, 2012. Father of the prosecutrix Dayaluram Sahare (PW-3) lodged a missing report on 31-12-2012. While the father of the prosecutrix and others were searching the prosecutrix (PW-1), Sanjay Mahavir (PW-4) informed that one obscene MMS has been prepared of the prosecutrix which was also shown to them. The FIR, Ex.-P/25 was lodged in Police Station Kanker, in which, the offence was registered under Section 67 of the Information Technology Act. Later on the prosecutrix was found in Delhi who was recovered and she gave statement, that in November, 2012, the appellant had by inducement and by giving allurement that he will get her appointed to some job and get her a house, had physical relation with her and despite objection of the prosecutrix he prepared one obscene MMS of that act. The prosecutrix belongs to Scheduled Tribe. The investigation was done in this case, in which, seizure of mobile and chips were made from the prosecutrix and seizure of some articles were made from the appellant. After completion of the investigation charge sheet was filed before the concerned Court.

(3.) The appellant was charged with offence under Section 376 of the IPC, Section 3(1)(xii) and 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 67 of the Information Technology Act, 2000, to which he denied and prayed for trial.