Judgement: Tamil Nadu vs. Suhas Kutti

Judgement: Tamil Nadu vs. Suhas Kutti

Case Name – Tamil Nadu vs. Suhas Kutti.

Citation: 4680 of 2004 Criminal Complaint.

Bench:  

  1. Anulrj (CMM), Egmore

Introduction:

This case is related to obscenity posting about a divorce woman in Yahoo Messenger Group. It is the only unique case achieving conviction within short span of 7months from filing FIR. This case is a landmark case in history of Cyber Crime Management.

 

Facts of the case:

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  1. Emails were sent to the victim through a false email account opened by Accused in name of the victim asking for information. This resulted in annoying phone calls to the lady.
  2. A complaint was filed by the victim in February 2004. The accused was arrested within next few days.
  3. The accused was a well known family friend and was interested in marrying her but she married another person and this marriage ended with a divorce.
  4. He contacted her again showing interest but she refused leading to harassing her through internet.
  5. The Charge sheet was filed u/s 67 of IT Act 2000, 469,509 of IPC.
  6. 18 witnesses and 34 documents and material objects were examined.

 

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Issues:

Whether the Offence committed by the accused is beyond the reasonable doubt?

 

 

Judgement:

  1. The defence argued that the mails was given by her ex- husband or by herself trying to implicit charges for asking her to get married by the accused.
  2. Also it was submitted that the documentary evidence was not sustainable u/s 65(b) of Indian Evidence Act.
  3. The Court seeked expert advice of NAAVI and other evidences including Cyber Cafe Owners.
  4. Hence the accused was found guilty u/s 469,509 of IPC and 67 of IT Act.
  5. He was convicted and sentenced for rigorous imprisonment for 2 years u/s 469 IPC and also to pay a fine of Rs.4000.