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2021 Supreme(Mad) 3414
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.N.PRAKASH, R.HEMALATHA, JJ.
Munna - Appellant
Vs.
The State of Tamil Nadu, Represented by the Inspector of Police, Palacode Police Station, Dharmapuri District - Respondent
Crl.A.Nos.73 of 2017 & 106 of 2019
Decided On : 07-12-2021
Advocate Appeared:
For the Appellant : Mr. R. Baskar, Mr. R. Rajasekar, Mr. R. Ramesh
For the Respondent: Mr. M. Babu Muthu Meeran
Headnote:
Tamilnadu Prohibition of Harassment of Women Act, 1998 - Section 4 - Criminal Procedure Code - Section 164 – Indian Penal Code,1860 -Sections 292, 376 and 67A - Information Technology Act 2000 - Sections 66(B), 67(A) - Fast Track Court - Case of prosecution is that doing private lending business owned a terraced farm house at District - He was known to give loans at cheaper interest rates due to which he was able to lure many women folk who were in need of hand loans - It is case of prosecution that at least women who approached him to borrow money were sexually assaulted after they were asked to come to his farm house and the sexual acts were videographer by him using two mobile phones only to be used as a tool to threaten them and extract more sexual favors from them as and when he desired – He was a mobile phone technician who was able to access video files in mobile phones of A-1 when they reportedly were handed over to him for repair - He downloaded them made copies and circulated them in web and also sold them to public – clarification referred to above is that the required certificate under Section 65-B(4) is unnecessary if the original document itself is produced. This can be done by the owner of a laptop computer, computer tablet or even a mobile phone by stepping into the witness box and proving that the device concerned on which the original information is first stored, is owned and/or operated by him. [Para 16.]
Finding of the Court:
This is a shocking case of two accused one of whom pretext of giving loans for cheap interest rates could lure women and exploit them sexually forcing himself upon them and filming acts and other who is a mobile phone repair technician making the videos earn him a fortune by selling them - Nasty trail of events is only a tip of iceberg in our society where moral values and ethics have been trampled upon by unscrupulous and pervert elements - Perversity has encroached minds of these undesirable elements to that extent that one wonders about total absence of conscience and morality - Most shocking aspect is huge number of victims numbering to almost out of which only 6 were willing to come forward to complain and of them were examined as prosecution witnesses - They have to be commended for their courage and their will to withstand the onslaught of cross examination Village Administrative Officer of Palacode was the complainant - He had received information about videos circulated on internet showing some women residents of the locality.
Result: - Criminal Appeals dismissed.
JUDGMENT :
R.HEMALATHA, J.
The present appeals are filed against the judgment dated 18.01.2017 passed by the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri, in S.C. No.109 of 2015 in and by which A-1 ( the appellant in Crl.A. No.106 of 2019) was convicted for the offences punishable under Sections 376 (4 counts) IPC and 66(E) ( 4 counts), 67A(4 counts) Information Technology Act and A-2 (Appellant in Crl A. No.73 of 2017) was convicted for the offences under Section 292 IPC and under Sections 66(B), 67(A) Information Technology Act 2000 and sentenced to undergo imprisonment as extracted hereunder:
| S.No. | Rank of Accused | Conviction | Sentence |
| 1 | A-1 | U/s. 376 IPC ( 4 counts) | Life Imprisonment for each count, and a fine of Rs.1,000/- for each count, in default, to undergo Rigorous Imprisonment for two months |
| 2 | A-1 | U/s. 66 (E) Information Technology Act ( 4 counts) | 2 years imprisonment for each count and a fine of Rs.10,000/- for each count, in default, to undergo Rigorous Imprisonment for 4 months each count. |
| 3 | A-1 | U/s. 67 (A) Information Technology Act (4 counts) IPC | 3 years imprisonment for each count and to pay a fine of Rs.50,000/- for each count in default, to undergo Rigorous Imprisonment for 6 months each count. |
| 4 | A-2 | U/s. 292 IPC | One year Rigorous imprisonment and to pay a fine of Rs.1,000/- in default, to undergo Rigorous imprisonment for 2 months. |
| 5 | A-2 | U/s. 66(B) Information Technology Act. | 2 years Rigorous Imprisonment and to pay a fine of Rs.10,000/- in default to undergo Rigorous imprisonment for four months. for life with a fine of Rs.5,000/- each. |
| 6 | A-2 | U/s. 67(A) Information Technology Act. | 3 years Rigorous Imprisonment and to pay a fine of Rs.50,000/- , in default, to undergo rigorous imprisonment for six months |
2. The case of the prosecution is that Sivaraj (appellant in Crl.A.No.106 of 2019 and A-1) doing private lending business owned a terraced farm house at Kuppankottai, Palacode, Dharmapuri District. He was known to give loans at cheaper interest rates, due to which he was able to lure many women folk who were in need of hand loans. It is the case of the prosecution that atleast 29 women who approached him to borrow money were sexually assaulted after they were asked to come to his farm house and the sexual acts were videographed by him using two mobile phones (M.O.1 and M.O.2), only to be used as a tool to threaten them and extract more sexual favours from them as and when he desired. Munna (appellant in Crl.A.No.73 of 2017 and A-2), was a mobile phone technician who was able to access the video files in the mobile phones of A-1 when they reportedly were handed over to him for repair. He downloaded them, made copies and circulated them in the web and also sold them to the public.
3. K.S.Vijayan (P.W.1), the Village Administrative Officer of Palacode, was the complainant after he got information of this scandal involving many women living in the locality. On receipt of his complaint (Ex.P1), on 06.10.2014, Senkathir (P.W.17), the Special Sub Inspector of Police, Palacode Police Station, registered an FIR in Crime No.360 of 2014 of Palacode Police Station under Sections 292 IPC and 67, 67 (A) and 67 (B) of Information Technology Act, against Sivaraj (A1).
4. Somanrajan (P.W.22), the Inspector of Police, Palacode Police Station, took up the investigation, went to the scene of occurrence and prepared an Observation Mahazar (Ex.P32) and a rough sketch (Ex.P33). He arrested A-1 on the same day at about 04.30 P.M. and recorded his confessional statement in the presence of P.W.1 and his assistant Subramaniam (not examined). Based on the confession of the first accused, one Nokia mobile with two sim cards and one memory card (M.O.2) and one Karbon mobile phone with two sim ca
