MR.X Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.483/2021 of Pathanamthitta Police Station alleging commission of offences under Sections 67 (A), 67 (B) (b) of the Information Technology Act, Section 354 (D) (2) of the Indian Penal Code read with Sections 11 (ii), 11 (iv) and 12 of the Protection of Children from Sexual Offences Act.

(2.) The allegation against the petitioner is that he had sent obscene videos and photographs to the victim girl who is none other than his cousin sister. It is also alleged that the petitioner had later deleted all the photographs that were sent to the victim girl.

(3.) The learned counsel for the petitioner submits that the only allegation against the petitioner is that he had sent obscene pictures and photos to the mobile phone of the petitioner. He also points out to the fact that the victim girl specifically states that no one had sexually assaulted her in any manner. He also submits that the mobile phone of the petitioner has already been recovered by the police.