SUMIT KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Accused nos.1 and 2 in S.C.No.1/2020/NIA on the files of the Special Court for trial of NIA Cases, Ernakulam, are the appellants herein. The offences alleged against them are punishable under Ss.120B, 201, 380, 454, 461, read with 34 of the Penal Code, as also, under S.66F(1) (B) of the Information Technology Act, 2000. Two separate Criminal Miscellaneous Petitions bearing nos.179/2021 and 180/2021 were preferred by accused nos.2 and 1, respectively, before the Special Court seeking discharge. In Cr.M.P.No.180/2021, A1 contented that the offence under S.66F(1)(B) of the Information Technology Act, 2000 ('I.T Act', for short) will not lie. In Cr.M.P.No.179/ 2021, A2 sought discharge on the premise that he was merely a roommate of A1, that he did not stand guard when the theft was committed, that nothing was recovered from him and that his mobile phone was misused to operate the social media account. By virtue of a common order dtd. 1/11/2021, those applications were dismissed, which order is impugned in the instant Criminal Appeal.

(2.) The prosecution allegations are as follows: Indigenous Aircraft Carrier (I.A.C) is a warship being constructed by M/s.Cochin Shipyard Limited for the Indian Navy. Numerous Multi-Function Consoles (M.F.Cs) are critical components to the warship, forming part of the Integrated Platform Management System, which controls several functionalities, including Battle Damage Control System of the warship. The appellants/accused were contract workers engaged in painting aboard the I.A.C. After undergoing induction training on safety and briefed on the sensitive nature of the project, the accused persons started working as painting assistants at the W-Ring during the period from May, 2019 to September, 2019. A1 being self-trained in handling computer hardware, conspired with A2 and committed theft of the following items, as detailed in the tabular form shown here under:- <FRM>JUDGEMENT_41_LAWS(KER)6_2022_1.html</FRM>

(3.) The prosecution would further allege that on 29/8/2019, in furtherance of the conspiracy between A1 and A2, A1 went to a shop at Ravipuram and purchased an SSB case and an OTG connector and using the same, accessed the SSDs, formatted it and deleted the critical data from the four stolen SSDs, while the critical data in respect of the remaining SSD was retained. Thereafter, A2 pursuant to the conspiracy with A1, posted an advertisement in his account in the on-line portal, OLX, offering the stolen processor for sale citing his mobile number. One processor was sold on 11/9/2019. The accused persons, who came to know about registration of the crime, left Ernakulam for Surat with the remaining stolen computer hardware components. A1 concealed the stolen articles in the house of his brother at Surat. A2 proceeded to his house at Rajasthan. In November, 2019, A1 left Surat for his native place at Bihar with one RAM, one processor and one SSD, which were seized from his possession during search of his house. A1, while at Surat, installed one SSD and one RAM on the personal computer of his brother, which along with the remaining 3 stolen SSDs, 3 processors, 8 RAMs and one heat sink were recovered from the house of his brother. The accused persons have committed theft of computer hardware components worth Rs.2,50,420.00 from the warship and caused total damage of Rs.25,77,823.50, besides causing delay in timeline of the defence project, thus affecting the security of the Nation. The accused persons have thus committed the offences punishable under Ss.120B, 201, 380, 454, 461, read with 34 of the IPC, besides under S.66F(1)(B) of the I.T Act.