Judgement: Tamil Nadu vs. Suhas Kutti

Case Name – Tamil Nadu vs. Suhas Kutti.

Citation: 4680 of 2004 Criminal Complaint.


  1. Anulrj (CMM), Egmore


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:

  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.



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




  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.



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