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MANGESH S. PATIL, R. G. AVACHAT, SHAILESH P. BRAHME
Awadhesh Kumar Parasnath Pathak – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
Mangesh S. Patil, J. - We have heard both the sides extensively.
2. In view of conflict between a division bench which decided Gagan Harsh Sharma v. State of Maharashtra and others; (2019) CriLJ 1398 and a division bench dealing with Awadhesh Kumar Parasnath Pathak v. The State of Maharashtra and another and connected matters (Criminal Application 2562 of 2019, Aurangabad Bench - order dated 26-02-2020), the latter being unable to concur with the former, following questions have been referred to us for answers :
a) Involving the obtaining of permission, by cheating the owner or any other person, who is in charge of computer, computer system or computer network, and thereby induced the owner or person in charge of the computer, computer system or computer network for doing the act enumerated in Section 43 of the I.T. Act ?
b) The expression fraudulently or dishonestly covers the cases in which permission is obtained from the owner or person who is in charge of computer or computer system or computer network by cheating him ?
c) Whether Section 72 of the I.T. Act covers all the ingredients of Sections 406,
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 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.
Convictions confirmed; however, the appellate court modified sentences exceeding statutory limits in accordance with sentencing standards under the Information Technology Act and IPC.
The main legal point established in the judgment is that the revisional jurisdiction should normally be exercised only on a question of law.
Impersonation on social media without evidence of deception or wrongful gain does not constitute cheating under IPC or IT Act.
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