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2. It is, inter alia, pleaded in the present appeal that the present FIR was registered on 08.09.2020 under Section 509/354A/354D IPC and 67 of IT Act,2020 against unknown user of FB profile 'Eightin Male', on written complaint of victim A. It was alleged that during the the period between 30.07.2019 to 08.07.2020, an anonymous person sent obscene vulgar messages to the complainant (victim) through Facebook Messenger using Facebook ID 'Eightin Male' URL http://wwe.facebook.com/eightin.male.3 and tried to get into sexual conversation. The copy of FIR is annexed as Annexure P-1 2.1 During the investigation, it transpired that accused Shardul Vikram Tiwari (respondent herein) was operating the afore-said anonymous Facebook profile created on 05.10.2018 and linked to Gmail.ID [email protected]. The mobile phone number 9470074357 was registered with this Facebook account. The further probe disclosed that it was registered in the name of Uma Kumari, mother of the respondent, but the SIM was being used by the respondent. Further, another mobile no.7012423421 was also found to be used by respondent and registered in his name. During the investigation, house search of accused (respondent) was conducted and both the mobiles and SIM Cards were recovered. During the said search, accused (respondent herein) accessed Facebook profile and associated Messenger Chats which were seized under Section 27 of Indian Evidence Act. The chat had sexually explicit content directed towards victim during July 2019 to July 2020. The said material disclosed accused (respondent herein) repeatedly attempted to initiate personal and sexually charged conversations with her through deceptive means.

8. The case in hand came to be registered consequent to the lodging of complaint by the victim 'A' on 08.09.2020. The FIR was registered for the offence under Section 354,355, 354D, 509 of IPC and 67 of I.T Act 2000 against the unknown user of FB profile "Eightin Male". The investigation was carried out which led to the identification of said user id of Facebook as well as the source of the internet availability through which the said user id was accessed. Two mobile numbers i.e 9470074357 and 70124 23421 were found to be activated through which the I.P address of the said Facebook profile was accessed. The said mobile phones were thereafter found to be connected to the accused/ respondent herein. The house-search of the accused/respondent herein was carried out, which led to the recovery of mobile phone in question as well as the above- referred two SIM cards.

8.1 The said Facebook profile was also operated upon consequent to the disclosure of password by accused/respondent herein and rrelevant messages were retrieved vide memorandum/panchnama Ex.PW4/B. 8.2 On the basis of said material, the accused/respondent came to be chargesheeted for the above-referred offences and Ld. Trial Court after trial found the case of the prosecution on merits to be proved against him. The said finding on merits concerning the allegations is not challenged either by the accused / respondent or by the prosecution and thus, has attained finality. The arguments addressed by accused/respondent herein before this Court on the merits of the said case are thus irrelevant.

15.1 Admittedly, as per the record the last set of obscene messages to the victim were delivered in July 2020, but despite the lapse of more than six months thereafter the accused/respondent herein on the day of search i.e. 09.01.2021 was still in possession of the same mobile set having two numbers i.e 9470074357 and 70124 23421 in his possession which were used for delivering the obscene messages. Further, apart from the possession of the mobile phone as well as two SIM cards, the concerned Facebook id 'Eighin Male' was also in operation and the same was operated upon by the accused under the directions of CBI on 09.01.2021. The obscene messages were still available in the said id. which were accordingly downloaded and proved on record vide printouts Ex. PW-4/B ( collectively). All the said factors go on to prove that no effort was made by the accused/respondent herein right since the inception (around July 2019) when he started delivering the obscene messages to ever delete the said messages or delete the profile. No effort was made by him to either destroy the said handset, SIM Cards used for accessing the above-referred Facebook id till 09.01.2021 when the same were recovered. The said subsequent conduct of the accused also probablises his defence of suffering from mental illness and being not aware about the nature of the act or it being wrong or contrary to the law.