Karnataka HC refuses to quash FIR against woman accused of uploading obscene video online
Bengaluru, Dec 23: The Karnataka High Court has declined to quash an FIR registered against a woman accused of 'uploading' an obscene video online, saying the presence of the petitioner is required for the purpose of investigation and to clear her name.
The petitioner has approached the High Court claiming that she has been living in Dubai for the last 13 years and someone has misused her identity to obtain a SIM card for the crime.
The court observed that her name being mentioned in the FIR does not make her a culprit and she is only a suspected accused. Hence, she has to appear for the investigation and provide details allowing the police to file the charge sheet against the real perpetrators.
The accused moved the HC and her petition was heard by Justice K Natarajan. She has been charged under Sections 67 and 67(B) of the Information Technology Act for allegedly uploading a nude video on the internet.
The case was registered by the Cyber, Economic and Narcotics Crime (CEN) police on January 16, 2021 naming the petitioner as the accused after obtaining details from the mobile service providers. The SIM card used for uploading the video was in the name of the accused. In the meantime, another accused in the case obtained anticipatory bail.
The petitioner contended before the HC that she has been residing in Dubai for the last 13 years and "if somebody used the phone and purchased the SIM card in her name, then she is not responsible for the it."
It was also claimed that the original complaint was against another person named Midula S/o Muralidharan.
The government advocate argued that the mention of the name, Midula in the complaint was a "mistake committed by the police during the cut and paste method in the computer."
The two were completely different cases. He argued that the accused is "very much required for investigation to confirm whether the SIM card was obtained by her or not or she has purchased or given it to some other person or not which has to be investigated."
Dismissing the petition, the court said, "Merely the name of the petitioner appeared in the FIR, that itself cannot be construed as she is the main culprit, but, she is only a suspected accused.
Therefore, the police are at liberty to file a charge-sheet against the original/actual accused persons. Therefore, the presence of this petitioner is required for the purpose of investigation."
The HC said that she should appear for investigation in order to clear her name.
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Pune journalist booked on voyeurism charge for filming woman at lodge
Pune (PTI): Police have registered a case of voyeurism against a television journalist in Pune for allegedly filming a woman in an objectionable position without her consent at a lodge in the city, officials said on Saturday.
The FIR was filed against Rohan Kadam under Bharatiya Nyaya Sanhita (BNS) sections 77 (voyeurism) and 3(5) (common intention) at the Vishrambaug police station here, while the complaint mentions that he was accompanied by three other journalists, they said.
The incident took place on April 8 when the accused had checked into a room at a lodge in Budhwar Peth, which houses a red light area.
In her complaint, the woman said that while she was wearing her saree after establishing "physical relations with a customer", she realised that an unidentified person was filming her through a net above the partition wall between the rooms.
She opened the door of her room and knocked on the adjacent door, asking the person to come out, the FIR said.
"The woman sought clarification from Kadam, who gave vague answers and refused to show his phone. When the lodge operator, the woman and others questioned him, he claimed that they were a group of four journalists conducting a sting operation," it said.
Police said Kadam was assaulted when he allegedly tried to flee from the spot.
The woman later approached the Vishrambaug police station and lodged a complaint.
"We have registered a case in this regard and further probe is on," a police officer said.
Meanwhile, the Pune Union of Working Journalists (PUWJ) has written a letter to city Police Commissioner Amitesh Kumar, seeking action against the journalist for the alleged act.
In the letter, the journalists' body said there were murmurs that some journalists and others were trying to ensure that no offence is registered in the matter.
"We do not agree with this and clarify that PUWJ will not come in the way of the probe," the letter stated.
