ias chenedun kumar pathan, Summaries of Mathematical finance

Download ias chenedun kumar pathan and more Summaries Mathematical finance in PDF only on Docsity! 3-ABA-114- 2020.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANT. BAIL APPLICATION NO.1114 OF 2020 Pramod Anand Dhumal … Applicant Vs The State of Maharashtra ... Respondents … Mr. Aniket Nikam i/by Mr. Vivek Arote for the Applicant. Mrs. Veera Shinde, APP for the Respondent-State. API Ranjitsing Pardesi attached to Virar Police Station present. CORAM : SANDEEP K. SHINDE J. DATE : 7 th JANUARY, 2021. JUDGMENT : Apprehending the arrest in connection with Crime No.580 of 2020 dated 11th June, 2020 for the ofence punishable under Section 354-D of the Indian Penal Code, 1860 (“IPC” for short) and Section 67A of the Information Technology Act, 2000 (“IT Act” for short), applicant is seeking pre-arrest bail. Shivgan 1/10 3-ABA-114- 2020.odt 2 Applicant is editor of local weekly Marathi newspaper and social activist. Complainant, a house-wife, a 37 year old lady, had received messages in the form of ofending images, revealing overt sexuual desire on her eace- Book account, from the cell phone of the applicant. On 13th November, 2018, she had indicated her disinterest. Even thereafter, applicant had sent message like “I love you” to the complainant and link (Short for ‘Hyperlink’) on her face- book. She tapped the link, whole document was containing lascivious material. Soon thereafter, she lodged the complaint whereupon the subject crime has been registered against the applicant under Section 354-D of the IPC and Section 67-A of the IT Act. 3 Applicant was denied pre-arrest protection by the learned Sessions Judge. Shivgan 2/10 3-ABA-114- 2020.odt electronically published or transmitted particularly amongst adult, it is punishable under Section 67-A of the IT Act. Exupression Exuplicit means “Stated clearly and precisely and or prescribing or representing sexuual activity in direct and detailed way”. Exupression “Sexuual Activity” is defned in Black’s Law Dictionary as “Physical sexuual activity or both persons engaged in sexuual relations”. 6 Thus, provisions of Section 67 and 67-A of the IT Act do attract and operate in distinct situation and circumstances. Section 67 refers to publishing or transmitting “Obscene Material” in electronic form; whereas Section 67-A refers to transmitting or publishing material containing sexuual exuplicit act. Therefore, the ofence under Section 67 of the IT Act is grave and punishment prescribed for the frst conviction is imprisonment, which may exutend to fve years and fne, which may exutend to 10 Lakhs and in the event of second or subsequent conviction with imprisonment for a term, which may exutend to seven years Shivgan 5/10 3-ABA-114- 2020.odt and also with fne, which may exutend to 10 Lakhs. In so far as the Section 67 is concerned, it is attracted only when lascivious material is published or transmitted but it does not encompass, transmission or “material containing sexuually exuplicit act”. Thus, ofence under Section 67 of the IT Act is punishable with imprisonment for a term, which may exutend to three years and with fne, which may exutend to fve lakhs and on second conviction with imprisonment for a term, which may exutend to fve years and also fne, which may exutend to ten lakhs. 7 In the case in hand, the ofence under Section 67-A of the IT Act is registered against the applicant. I have perused the investigation record and the images/material allegedly sent on the face-book account of the complainant by the applicant. No doubt, images sent and the link on tapping was revealing material tends to exucite lust but it was not the material containing “sexuually exuplicit act”. To attract Section 67-A of the IT Act, material must be of the Shivgan 6/10 3-ABA-114- 2020.odt nature describing or representing sexuual activity in a direct or detailed way. Herein, material of this nature was not sent by the applicant to the complainant on her face-book account. Thus, prima-facie, the penal provisions of Section 67-A of the IT Act are not attracted to the facts of the case at hand. 8 The punishment prescribed for ofence under Section 67 of the IT Act three years, for the frst conviction and fve years in the event of subsequent or second conviction. It is in these circumstances, prima-facie, facts of the case may attract Section 67 and not 67-A of the IT Act. 9 Now so far as the ofence under Section 354-D is concerned, it is cognizable bailable and triable by any Magistrate. Herein, the applicant attempted to establish contact the complainant to foster personal interaction despite clear indication of disinterest shown by her. Material on record suggests, complainant has shown her disinterest Shivgan 7/10