Offence U/s 354 IPC & Section 67 IT Act - Not Established for Circulating Obscene Photo
Main points: The court found no direct evidence linking the accused to the circulation of obscene photos or videos, leading to acquittal. The prosecution failed to prove the offence beyond reasonable doubt, and allegations related to obscene content were not substantiated.
References: Vivek Singh vs State Of Chhattisgarh - Chhattisgarh
Section 67 IT Act - Circulating Obscene Content
Main points: The case highlighted that mere circulation of obscene material without concrete evidence does not establish guilt under Section 67. The court emphasized the importance of direct proof and the absence of a legal fiction to presume guilt solely based on circulation.
References: Vivek Singh vs State Of Chhattisgarh - Chhattisgarh
General Legal Principles:
Analysis: The judgment underscores that for offences under IPC and IT Act related to obscene content, the prosecution must establish a clear link between the accused and the act of circulation. Without direct evidence, the accused is entitled to acquittal.
Conclusion: The accused was acquitted due to lack of evidence, reaffirming the principle that guilt must be proven beyond reasonable doubt in cases involving obscene material circulation.
References: Vivek Singh vs State Of Chhattisgarh - Chhattisgarh
(A) Indian Penal Code - Sections 354 ... ... (C) and 354 ... ... (D) - Protection of Children from Sexual Offences Act, 2012 - Sections ... ... ... Ratio Decidendi: The court established that a lack of direct evidence connecting the appellant to the obscene recordings ... 12 and 14(10) - Information regarding obscene video circulating and allegations of following the prosecutrix - Conviction based ... In order ....
), held, not saved by Section 59 – In absence of a legal fiction in Section 59 Aadhaar Act, the Act does not come in force on the ... iv) public order, (v) decency or morality or (vi) in relation to contempt of court, (vii) defamation or (viii) incitement to an offence ... , 2016 – Section 57 – Purpose limitation – Section 57 not an enabling provision – Not allowing Aadhaar to be used for any purp....
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