SUHAS KATTI v. TAMIL NADU (2004)
The first instance of arrest under Section 67 of the IT Act
- The Bench – Justice Thiru. D. Arulraj
- Defendant - Suhas Katti (Accused)
- Plaintiff – ACP, Cyber Crime Cell, Central Crime Branch (Complainant)
Issue:
Whether Mr. Suhas Katti is liable for the charges framed against him under Section 469, 509 IPC and Section 67 of the IT Act of 2000 for the posting of obscene, defamatory messages regarding a divorced woman on a yahoo message group?
Contentions:
Defendant – The defense had the argument that the mails that have been exchanges, have been sent by the ex-husband of the woman or the woman herself so as to frame the accused for the crime as he turned down her offer for marriage. It was further contended, that the evidence was not sustainable as under Section 65-B of the Indian Evidence Act.
Plaintiff – The victim made her complaint to the Police who then tracked down the accused, who intended to marry her from before her first marriage, which ended in a divorce. The accused took to the internet and message boards on yahoo where obscene and defamatory information was being posted on the pretext of it being done by the victim, who due to the same received various phone calls which seemed annoying. The accused also made false email accounts in the name of the victim and forwarded these emails to her from these said accounts.
Final Decision:
In a landmark judgment, the first conviction under Section 67 (obscene material in electric form) of the IT Act, Mr.Suhas Katti was held liable to all the crimes and was sentenced to punishment for 2 years of rigorous imprisonment with a fine of Rs. 500 and one year of simple imprisonment with a fine of Rs.500 for the offence under Section 509 IPC (insulting the modesty of a woman). For the offence under the IT Act, he was made liable for to undergo rigorous imprisonment for a period of 2 years with a fine of Rs. 4000 keeping in mind the witnesses of the Cyber Café owners and other key witnesses produced by the Cyber Crime Cell of Chennai.
