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That, Jannabharathi police have fled charge sheet against the accused alleging that he has committed an ofence punishable under Section 354C of IPC R/w sec.67 of Information Technology Act.

2. The brief facts and allegations made in the charge sheet are as under:

It is alleged in the charge sheet that C.W.1 Smt.Saritha and accused are known to each other and accused called C.W.1 Saritha stating that he will secure job to her. The prosecution alleges that on 22-03-2014 the accused took C.W.1 Saritha to his apartment bearing house No.317, foor No.4, Tirumala Lotus Apartment, Gottigere, Bannerghatta main road, Bengaluru. The prosecution alleges that the accused has asked sexual favour from C.W.1 Smt.Saritha and tried to take of her clothes. C.W.1 Saritha objected for the act of accused and she was trying to dress herself after the incident, the accused took objectionable/ private photos of C.W.1 Saritha. It is further alleged in the charge sheet that the accused has started sending messages to C.W.1 and also sent obscene/ private photos taken by him on 22-03-2014. It is further alleged by the prosecution that the accused by using e-mail ID namely [email protected] has sent obscene/private C.C.No.1922/2018 photos of C.W.1 to her husband by using his Samsung mobile phone. The prosecution alleges that when accused sent photos in the name of [email protected] to email ID of her husband, C.W.1 has fled frst information before Jnanabharathi police alleging that the accused has harassed her by taking her semi-nude photos & sent them through WhatsApp and e-mail to her and her husband.

3. As per frst information lodged by C.W.1 Saritha, a crime came to be registered at Jnanabharathi PS Cr.No.43/2015 for the ofence punishable under sec.354 C of IPC R/W sec.67 of Information Technology Act. The Investigating Ofcer has visited the spot and prepared the spot mahazar in the presence of C.W.2 Prathap R. and C.W.3 Aravind M.R.. The Investigating Ofcer has arrested the accused and has seized mobile phone from accused by preparing seizure mahazar in the presence of C.W.4 Srikanth and C.W.5 Gopalakrishna. The mobile seized was sent to forensic analysis and report is received from C.W.6 S.Neeru with respect to contents of mobile seized from the custody of the accused. After examining the report submitted by C.W.6 and statement of C.W.1, the Investigating ofcer has come to a conclusion that the accused is a person who has sent objectionable obscene semi-nude photos of C.C.No.1922/2018 C.W.1 from [email protected] to e-mail ID of husband of C.W.1 [email protected] . Therefore, the Investigating Ofcer come to a conclusion that the accused has committed an ofence of voyeurism by taking semi-nude photos and thereby committed an ofence punishable under section 354C of IPC R/w sec.67 of Information Technology Act.

4. After fling of charge sheet, cognizance for the ofence punishable under section 354C of IPC R/w sec.67 of Information Technology Act is taken against the accused. The accused was arrested during crime stage and was released on bail. After fling of charge sheet, his presence is secured and copy of the charge sheet is supplied to the accused as required under sec.207 of Cr.P.C.

5. Charge for the ofence punishable under section 354C of IPC R/w sec.67 of Information Technology Act is framed. Accused pleaded innocence and as such prosecution is directed to adduce oral and documentary evidence to prove the guilt of the accused. 

        nude photos     to her husband from
        [email protected]             to

[email protected] and also to the WhatsApp number of C.W.1 Saritha and thereby committed an ofence punishable under Section 354C of IPC R/w sec.67 of Information Technology Act?

2. What order ?

C.C.No.1922/2018

9. Heard Counsel appearing for the accused and learned Sr.APP. and my fndings on the above points are as under: