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2023 Supreme(Bom) 1087

G. A. SANAP
Lakshya Pankaj Sahgal – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
R.S.Kurekar, Advocate, H.D.Dubey, Advocate

JUDGMENT

G.A.SANAP,J. - In this writ petition, challenge is to the order dtd. 31/3/2022, passed by the learned Special Judge, (POCSO Court), Nagpur, whereby the application (Exh. 16), made by the accused persons for their discharge from Crime No. 454 of 2020, Charge-sheet No. 42 of 2021 registered by Police Inspector of Cyber Police Station, Nagpur for commission of the offence under sec. 67-B of the Information Technology Act, 2000 (For Short "I.T. Act") and sec. 15(1) and (3) of the Protection of Children From Sexual Offences Act, 2012 (For Short "POCSO Act"), came to be rejected.

2. It is the case of the prosecution against the accused persons that they committed the offences between 3/2/2020 and 11/12/2020 at Mankapur, Nagpur. It is stated that accused No. 1 aired pornographic video on his instagram account from his mobile No. 7288906313. The investigation conducted by the Cyber Cell and Forensic Team revealed that the said porn video was aired by accused No. 1 to his friends, accused Nos. 2 and 3. The accused persons not only watched, but also stored the porn video in their mobile phones and aired the same to their friends. The porn video stored and aired was of one lady, who w

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