NIKHIL RAMESH RACHETI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel Mrs. S. S. Jadhav for the Applicant and the learned APP. Mr. M. L. Dharashive, for the Respondent-State.

(2.) Rule made returnable forthwith and heard finally by consent of the parties.

(3.) Fir in the present case, is lodged by Anwar Khan Aziz Khan Pathan, Police Sub-Inspector, Crime Detection Branch at Aurangabad. According to the informant, the in-charge Police Station Officer of Osmanpura Police Station Mr. K. D. Chate, had received an information that the students of Jawaharlal Nehru Engineering College at Aurangabad, were transmitting obscene photographs of one girl student from the said college. This act of transmission of obscene photographs was, in session at Sant Eknath Rang Mandir, Osmanpura. According to the information received, the obscene matter was stored in a mobile hand set and with the help of blue tooth function, being circulated/transmitted to friends. On account of this publication and transmission of the obscene material, girl student was being defamed. On receipt of this information and for verification of the said information, informant, accompanied by Police Head Constable Bakkal No. 1658 Mr. Khadke, Police Constable Bakkal No. 2128 and some other Police Officers, panch witness reached on the spot. Parking their vehicle at Sant Eknath Rang Mandir all of them have apprehended two students, who were in front of Om Optical Shop at about8. 00 p. m. on6-3-2006. After apprehending, the two students, first informant, and Police party came to know that one of them was Mr. Hanoj s/o. Khushis Mehta, about20 years old resident of Bombay and another student was Mr. Nikhil Ramesh Racheti, r/o. Jawahar Nagar, Aurangabad (present Applicant ). Mobile hand set possessed by both the students were inspected in the presence of the Panch-witnesses. Mobile hand set of Nokia make bearing No. 6681, was in the possession of Mr. Hanoj Mehta. In this Mobile hand set, blue tooth facility, was available. This mobile hand set also contained obscene picture image of boy student and girl student. In the gallery function of this mobile hand set, some other obscene photographs of male and female, were also found. Mr. Nikhil Racheti, the present Applicant was possessing mobile hand set of Nokia make No. 6230 i, model. Mr. Hanoj Mehta, on enquiry, informed the Police Sub-Inspector, that he is having a girl friend Oliviency Santoshkumar Marbenyang from Shillong, State of Meghalaya, studying in Jawaharlal Nehru Engineering College at Aurangabad. Mr. Hanoj Mehta and his girl friend Oliviency prior to three months, were in a hotel, namely 'bargar Point', situated in Cannaught Place, Aurangabad. At that time, he had caused the shooting of their obscene acts, in his mobile hand set. Shooting which was caused by Mr. Hanoj Mehta, was caused with the help of hand set of Mr. Nikhil, i. e. the present Applicant and it was also loaded in the Computer of Mr. Hanoj Mehta. Both the students, alongwith their Mobile hand sets, were taken to the Police Station in the presence of the Panch witnesses. With the help of Police station computer, obscene picture, which was in the mobile hand set of Mr. Hanoj Mehta, was stored in a computer disk. The other pictures, in gallery function of Mr. Hanoj Mehta's hand set, remained in the said mobile hand set of Mr. Hanoj Mehta. It is also alleged that on6-3-2006, Mr. Hanoj Mehta and Nikhil Racheti, i. e. the present Applicant, were found transmitting the obscene picture, through Blue tooth function. Offences under sections 292, 294 of Indian Penal Code and under sections 67 and 72 of the Information Technology Act, 2000, were registered against Mr. Hanoj Mehta and the present Applicant; at C. R. No. II 9/2006 with Osmanpura Police Station.