RAGHUVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this revision petition is for setting aside the judgment of conviction as well as the order of sentence dated 08.12.2017, vide which the petitioner was convicted for offence punishable under Section 294 of the Indian Penal Code (for short 'IPC') and Sections 67 & 67-A of Information Technology Act, 2000 (for short 'I.T. Act') and was sentenced to undergo rigorous imprisonment for a period of 01 year R.I. along with a total fine of Rs.2000/- and in default of payment of fine, the petitioner was further ordered to undergo R.I. for a period of one month.

(2.) Brief facts of the case are that complainant PW1 Amrik Singh got the FIR registered against the petitioner with the allegations that his elder sister Paramjit Kaur had gone to Australia 07 years ago and has now come back. Petitioner Raghuvir Singh @ Soni is also resident of his village. The petitioner had made a Whatsapp group of 90 members and about one and half years ago, he added the complainant as member of the group, but he left the same. Again the complainant was added as a member of the group and on checking status of the group, the same was shown as "Pammi I Love U". Thereafter, a person having mobile No.99889-09100 changed the subject as "Pammi Australia Wali". It is further stated in the FIR that members of the group were posting obscene photos, videos and messages etc. Feeling insulted that a group is made in the name of his sister, the complaint was given.

(3.) The Investigating Officer/Inspector PW5 Davinder Singh recorded statement of sister of complainant, namely Paramjit Kaur @ Pammi, who supplied the print-outs of Whatsapp software. On first page, there was mobile number of petitioner Raghuvir Singh i.e. 872880-82187 with the status that "Pammi Na Koi Khat No Khabar" i.e. Pammi has not sent any letter or given message. On second page, it was written as "Pammi Kha Ho Tum O Humsafar" i.e. Pammi where are you, however, the petitioner has uploaded his own photo as profile photo. Upon this, the petitioner was arrested and in the investigation, he told that aforesaid mobile No.99889-09100 is of his friend Ranjit Singh, who changed the status of the group as "Pammi Australia Wali". An information was also given to Cyber Crime Office, Commissioner of Police, Ludhiana for giving details of Ranjit Singh. The petitioner was arrested and was released on regular bail. Thereafter, the investigation was completed.