Document Fragment View

Matching Fragments

The accused persons while working with the I.T. Must Consultancy Pvt. Ltd., hacked the Source Code, with the common intention committed the theft of Source Code and manipulated the same and sold the manipulated software and thereby caused wrongful loss to the complainant and made wrongful gain to themselves by floating a company called "ENLINGHTEN SOFTWARE SERVICES (P) LTD.," at No.11/1, Shop No.7, 1st Main, 1st Cross, Gavipuram Extension, Hanumanthanagar, Bengaluru and sold the software developed by the complainant Company and thereby committed the offences punishable under Section 66 of I.T. Act, 2000 and Section 381 r/w 34 of IPC.

Point No.2:- As per the final order:
for the following:-
REASONS

9.Point No.1:-

In order to establish its case the prosecution had examined 6 witnesses as P.Ws.1 to 6 and got marked 17 documents as per Exs.P1 to P17 and M.Os.1 to 14 during the trial.
a. P.W.1 who was the Director of IT Must Consultancy Pvt. Ltd., was the first informant whose complaint as per Ex.P1 was registered in Cr.No.11/2002 under Sections 65, 66 of Information Technology Act, 2000 and 381 of IPC., against the accused persons by Deputy Superintendent of Police, Cyber Crime Police Station, C.O.D. Head Quarters, Bengaluru. P.W.1 had deposed that the Cyprus Nation Company has entrusted the project to their Company for making comprehensive software for their business. Accused No.2 was the Project Manager for this particular project on behalf of their Company and he had access to the complete software source code. Accused Nos.1 and 2 started new Company Enlighten Software Company by adopting their software engineering mechanics by making some changes and started selling their software to the competitors of their client at Cyprus and due to this there was diminishing value of the software of their clients at Cyprus for which they had invested one million U.S.Dollors.
"The Megabyte Company has informed the hacking software through e-mails. But I have not produced those e-mails. Any of the directors of Megabyte Company did not come to India to file the complaint in this matter. After verifying the file the witness deposes that there is no document showing that the megabyte company has named the present accused responsible for hacking the software".
"The Technical Director and the Project Manager will be the person who are in possession of source code. One Mustan Zirowala was the Technical Director of IT MUST company. Depending upon the size of the project we constitute the themes. It is true to suggest that we will not inform the source code to all the five teams. We split the work among five team. The project manager will assign the particular work to team. It is true to suggest that every employee of the company will not be knowing the source code of particular software".
"I had instructions from the Board of Directors of IT Must company to file complaint against the accused but I have not produced the copy of the complaint as nobody asked me to produce it".

b. P.W.2 is the panch witness to the Seizure Mahazar Ex.P8 under which compact disc and hard disc of the data structure used for developing Megabet Software and the source code listing hard copies of data structure were seized by the police.

It is elicited in the cross-examination of P.W.2 that: