FB fake profile cases ends in 1 year jail - Synopsis
Team SoOLEGAL 26 Mar 2021

SYNOPSIS

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.

 

Judgement :

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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