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  • 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

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