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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G.BASAVARAJA
Ivan Kabonge S/o Serdic Dama – Appellant
Versus
State Of Karnataka – Respondent
JUDGMENT :
G.BASAVARAJA, J.
The appellant/accused No.1 has preferred this appeal against the judgment of conviction and order on sentence dated 30.12.2024 passed by the II Additional District and Sessions Judge, Tumakuru, in SC No.56/2022.
2. For the sake of convenience, the parties herein are referred to as to their rank as before the trial Court.
3. The brief facts leading to this appeal are that the Circle Inspector of Police, C.E.N. (Cyber, Economic, Narcotics) Police, Tumakuru submitted the charge sheet against accused Nos.1 and 2 for the offence punishable under Sections 66 (c) and 66(d) of the Information Technology Act, 2000 and Sections 419 , 420, 465, 468, 471 r/w Section 34 of IPC and Section 14A and 14B of the Foreigners Act, 1946.
4. It is alleged by the prosecution that accused Nos.1 and 2 who are hailing from Uganda and Kenya having common intention, on 31.10.2020 had installed a skimming device — an electronic record to one ATM machine at Bheemasandra, Tumakuru Town and collected the data of consumers who were doing their transactions in the said ATM till 01.11.2020 and further, by utilizing the illegally collected data, had fraudulently made use of data available with r
Convictions confirmed; however, the appellate court modified sentences exceeding statutory limits in accordance with sentencing standards under the Information Technology Act and IPC.
The Information Technology Act, 2000 has overriding effect over the Indian Penal Code, 1860, making it the exclusive legal framework for offences related to electronic data.
The judgment emphasizes the need for independent evidence for each offense, the distinct and independent nature of certain offenses, and the application of section 26 of the General Clauses Act in de....
The Information Technology Act's provisions take precedence over the Indian Penal Code for computer-related offences, but do not encompass the element of deceit required for cheating under IPC.
The ingredients of the offenses under Sections 420, 467, 468, 471, and 120(B) of the IPC are satisfied when a person fraudulently induces another person to invest money in a scheme, promising high re....
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