Man's Familiarity With A Woman Doesn't Entitle Him To Circulate Her Objectionable Images & Malign Her Image: P&H High Court

Team SoOLEGAL 25 Jan 2021 3:18pm

Man's Familiarity With A Woman Doesn't Entitle Him To Circulate Her Objectionable Images & Malign Her Image: P&H High Court

Punjab and Haryana High Court while hearing an application on anticipatory bail, had rejected the same by stating that, although the applicant and the prosecutrix know each other, still it does not give permission to the applicant to misuse the social media by uploading objectionable materials or images. Justice Avneesh Jhingan was hearing an application of anticipatory bail which was filed under Section 354 and 354A of Indian Penal Code, 1860 and Section 66 of Information Technology Act, 2000.

The prosecutrix had lodged an FIR against the petitioner in which the prosecutrix had stated that, the petitioner had distributed certain images of the prosecutrix on Whatsapp and also had sent few offensive messages on her mobile. The prosecutirx had complained to her parents however, the petitioner had continued to circulate her photographs. The prosecutrix had also stated that, in the month of August, 2020, the petitioner had forced her to do obscene acts in his shop.

The petitioner had contended that, he and the prosecutrix are known to each other from a long time and it was also submitted that, the prosecutrix is a major and by referring to the images it clearly shows that the prosecutrix was in a relationship with the petitioner.

The Court had rejected the petitioner’s contention and held that, there is no date on the images and, therefore, even assuming that these photographs were taken earlier in time, this is not enough to encourage the plaintiff to harm the reputation of a girl. The Court was of the view that, the FIR was registered only after a proper investigation was conducted by the Cyber Cell regarding the objectionable material which was uploaded by the petitioner on social media.

The Court had rejected the anticipatory bail application by stating that, custodial interrogation would be necessary in this case to recover all the materials which are available with the petitioner against the prosecutrix. 

Tagged: Punjab and Haryana High Court   anticipatory bail   Justice Avneesh Jhingan   Indian Penal Code   Information Technology Act  
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