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2010 Supreme(Mad) 5389

T.MATHIVANAN
A. Shankar – Appellant
Versus
State rep. by Deputy Superintendent of Police, Chennai – Respondent


Advocates Appeared:
For the Petitioners:M. Radhakrishnan, Advocate.
For the Respondent: R. Muniyapparaj (GA).

Judgement Key Points

Based on the provided information, after the trial, the court would evaluate the evidence presented regarding the accused's involvement in the offences under the IT Act. If the prosecution successfully proves that the accused person unlawfully accessed protected computer systems without authorization, stole sensitive information, and leaked confidential data, the court is likely to hold the accused liable for these offences under the relevant sections of the IT Act (!) (!) (!) .

Specifically, if the evidence demonstrates that the accused intentionally gained unauthorized access to computer resources, downloaded or stole confidential information, and disclosed or leaked this information to third parties, the court would consider the accused guilty of offences related to hacking, breach of confidentiality, and unauthorized data theft as per the provisions of the IT Act (!) (!) (!) .

Conversely, if the evidence fails to establish the accused’s guilt beyond a reasonable doubt—such as proving unauthorized access, theft, or leakage—the court would acquit the accused of these charges (!) (!) (!) .

In summary, the liability of the accused under the offences of unauthorized access, hacking, and theft of information hinges on the sufficiency and credibility of the evidence presented during the trial. If proven, the court would hold the accused liable under the relevant sections of the IT Act; if not, the accused would be acquitted.


Judgment :-

1. Invoking the inherent jurisdiction of this Court under Section 482 Cr.P.C., the petitioner has approached this Court to quash the charge sheet in the case in SC No.192 of 2009 pending on the file of the Learned Additional District and Sessions Judge (Fast Track Court -V) Chennai.

2. The circumstances which led the petitioner to come forward with this petition are in brief as under.

3. That on 17.07.2008, the respondent police had registered a case in CBCID Cyber Crime Cell Crime No.02 of 2008 under Section 5 of the Official Secrets Act, Section 43 and 66 of the Information Technology Act, Sections 378, 379, 463, 465, 470, 471 and 5050 of IPC on the basis of the complaint lodged by Tmt S.Malathi, IAS, Principal Secretary to Government Home (SC) Department, Secretariat, Chennai-9.

4. It is alleged by the prosecution that on 01.04.2008 and 02.04.2008 at the room of Legal Advisors of Directorate of Vigilance and Anti-Corruption (DVAC), Chennai the petitioner being a Special Assistant of Confidential Section in Directorate of Vigilance and Anti-Corruption office, functioning at NCB-23 building with intent to cause damage to the office of the Directorate of Vigilance and











































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