LAWS(ORI)-2017-1-84

KALANDI CHARAN LENKA Vs. STATE OF ODISHA

Decided On January 16, 2017
Kalandi Charan Lenka Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) This is an application under Sec. 439 Cr PC to release the petitioner on bail who is allegedly involved for the offences under Sections 354-A/354-D/465/469/506/507/509 of the I.PC read with Sec. 66-C/66-D/67/67-A of the Information Technology Act.

(2.) The factual matrix leading to the case of the prosecution is that the informant is a woman studying in the Pattamundai Women's College at Pattamundai. It is alleged, inter alia, that her father has got three daughters and his first daughter is mentally retarded girl and the second daughter is the informant herself. The victim girl while studying in College unknown obscene messages came in her mobile imputing her character. Before this also from unknown mobile number, obscene messages affecting the character of the informant also had come through Cell phone of her father. Her father after going through the message became remorse and asked the informant-victim about the matter. So, the victim woman was mentally disturbed by seeing these obscene messages. Then during the year 2015-2016 the written letters containing vulgar languages imputing the character of the victim girl came to her father. Such letters came with sexual remark and with a design to denigrate the character of the victim girl. The messages not only affect the character of the victim girl but also connected the other male members to have sex with the victim girl.

(3.) Not only this but also it is alleged, inter alia, that the pamphlet against the character of the victim girl was also pasted on the wall of the Hostile where the victim girl was residing for which she has to change her place of study But the culprit did not forget to follow her. Wherever the victim girl studied, the printed pamphlets with sexual remarks against the victim girl were pasted on the walls Finally a fake Facebook Account in the name of the victim girl was created and in the Facebook the morphed naked photographs of the victim girl were transmitted with intention to outrage her modesty. Then the victim girl was bound to inform the Police in writing to take legal action against the culprit.