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The Police Sub-Inspector, Cyber Crime Police Station, Bengaluru, has filed the final report against the accused, for the offences punishable U/Sec.66(C) & 67 of Information Technology Act, 2000.

C.C.No.26947/2023

2. The brief facts of the prosecution case are as under:

It is case of the prosecution that, in between the period of 22/01/2018 to 24/01/2018, the accused with an intention to divorce his wife C.W.1, by tarnishing her reputation in the society, has created a fake facebook account in the name of C.W.1 as Uma Lucky Roy (http:www.facebook.com/umalucky.9) and uploaded joint photographs of C.W.1 and her friend C.W.2, posing them as husband and wife and posted obscene messages about them and thereby dishonored and defamed C.W.1. Thereby the accused has committed an offence punishable U/Sec.66(C) & 67 of Information Technology Act, 2000.

6. I have heard the arguments of both the sides and perused the entire material available on record.

7. The following points arise for my consideration:

POINTS

1. Whether the prosecution proves beyond all reasonable doubt that, in between the period of 22/01/2018 to 24/01/2018, within the jurisdiction of Cyber Crime Police Station, the accused with an intention to divorce his wife C.W.1, by tarnishing her reputation in the society, has created a fake facebook account in the name of C.W.1 as Uma Lucky Roy (http:www.facebook.com/umalucky.9) and thereby the C.C.No.26947/2023 accused has committed an offence punishable U/Sec.66(C) of Information Technology Act, 2000 ?

2. Whether the prosecution proves beyond all reasonable doubt that, on the above date, time and place of offence, the accused with an intention to divorce his wife C.W.1, by tarnishing her reputation in the society, has created a fake facebook account in the name of C.W.1 as Uma Lucky Roy (http:www.facebook.com/umalucky.9) and uploaded joint photographs of C.W.1 and her friend C.W.2, posing them as husband and wife and posted obscene messages about them and thereby dishonored and defamed C.W.1 and thereby, the accused has committed an offence punishable U/Sec.67 of Information Technology Act, 2000 ?

12. As the material witness to the case of prosecution i.e., the first informant/victim has herself turned hostile to the case of prosecution, there is absolutely no incriminating evidence against the accused in the case. There is absolutely no evidence on record to show that, the accused has created a fake facebook account in the name of C.W.1 as Uma Lucky Roy (http:www.facebook.com/umalucky.9) and he has uploaded joint photographs of C.W.1 and her friend C.W.2, posing them as husband and wife and posted obscene messages about them. It is pertinent to note that, the P.W.1 C.C.No.26947/2023 has clearly deposed in her evidence that, no incident as alleged by the prosecution has taken place between her and the accused and she has not lodged any complaint against the accused. Therefore, in such circumstances and for the reasons stated above, there is no other option before this Court except to hold that, the prosecution has utterly failed to prove the charges leveled against the accused, beyond all reasonable doubt. As such, the accused is entitled for acquittal. Accordingly, I answer Point No.1 & 2 in Negative.