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On 1.3.2011 father of Victim girl had filed a complaint inter alia stating that a fake Facebook account has been created in the name of his daughter who was studying law at that point of time and in the same fake Facebook post in the name of Victim girl the accused person who created the account has posted details of the information about Victim girl and also posted obscene, sexually explicit, defaming and pictures and text intending to insult the modesty and assassinating the character of Victim girl, even inviting others to have sex with her.
During investigation the entire traceability path of who had created the fake Facebook account and uploaded or posted those photographs and texts were also established in the following ways:
i. The investigating agency at the time of enquiry sent request to the Facebook authority with the URL of the fake Facebook account for creation and login IP address details which subsequently the Facebook authority provided and wherein it was found that through mobile number (used to use by the accused person) the said fake Facebook account was created or opened in the name of victim girl.
ii. That after receiving the IP address from the Facebook authority the IPs were verified and it was found that BSNL was the internet service providers who allocated the IPs and thereafter the request was sent to the BSNL authority to provide the login details. Subsequently the BSNL authority sent the same and it was found from therein that the subscriber details was in the name of father of accused person who has been allocated the offending IPs but as per evidence the said mobile and computer and internet were used exclusively by the accused person.
iii. That the investigating agency on 1.9.2011 raided the house of the accused person relying on the data provided by BSNL and reaching at their house it was found that the broadband internet connection in the computer was being used by the Suddhochit Banerjee i.e. the present accused person for his educational purpose and he was arrested thereafter and the CPU of the computer carrying the suspect hard disc, the modem, one telephone broadband connection bill and one mobile phone were seized therefrom and later sent to Central Forensic Laboratory.
Later on during PC period the accused person given a statement before the investigating officer which led to the information or the fact of motive or reason for which the accused had made the fake Facebook account and the reason is Victim girl was a school friend of his girlfriend. Incidentally, Victim girl insulted his girlfriend on different context and his girlfriend became demoralized and after seeing the plight of his girlfriend accused person wanted to teach Victim girl a lesson. That was the reason for which the fake Facebook account was created to defame and malign Victim girl with all sorts of offensive data and also mentioned detail information of Victim girl after collecting the same. The CID, West Bengal has filed the Charge-sheet along with a supplementary charge-sheet and the charge was framed u/s 66A/66C/66D/67A of I.T. as that time judgement in Shreya Singhal case striking down Section 66A of the IT Act was not there.
Later when Bivas Chatterjee was appointed as Spl PP in the last part of 2016, he made a prayer before Ld. Court for further examination of Harddisk form forensic laboratory which proved to be turning point of this case and exact picture and data were found in the harddisk of the offender by CFSL.
After examination of 13 witness and lastly the prosecution filed its written argument relying on more that 100 judgements on cyber and electronic evidence and both Indian and foreign judgements.
Sec.66C of IT Act - Simple imprisonment of 3months with fine of Rs. 50,000/-
Sec.66D of IT Act - Simple imprisonment of 3months with fine of Rs. 50,000/-
Sec.67A of IT Act - Simple imprisonment of 6months with fine of Rs. 50,000/-
TOTAL PUNISHMENT - 1YEAR IMPRISONMENT WITH FINE OF RS. 1.5 LAKHS
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Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
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Solicitations for positive customer reviews.
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Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
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The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
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In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Listing prohibited content may result in the cancellation of your listings, or the suspension or removal of your transacting privileges. REGISTERED USERS are responsible for ensuring that the Documents/ Advices they offer are legal and authorised for Transaction or re-Transaction.
If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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