BLAPL No. 7596 of 2016. Case: Kalandi Charan Lenka Vs State of Odisha. High Court of Orissa (India)

Case NumberBLAPL No. 7596 of 2016
CounselFor Appellant: D. Nayak, B.K. Das, S.K. Das and U.R. Jena, Advs. and For Respondents: P.B. Tripathy, Additional Standing Counsel
JudgesDr. Durga Prasanna Choudhury, J.
IssueCode of Criminal Procedure, 1973 (CrPC) - Sections 161, 164, 439; Constitution of India - Article 51A; Indian Evidence Act, 1872 - Sections 65B, 79; Indian Penal Code 1860, (IPC) - Sections 292, 294, 354A, 354D, 465, 469, 506, 507; Information Technology Act, 2000 - Sections 66C, 66D, 67, 67A, 67B, 79, 81
Judgement DateJanuary 16, 2017
CourtHigh Court of Orissa (India)


Dr. Durga Prasanna Choudhury, J.

  1. This is an application under Section 439 Cr.P.C. to release the petitioner on bail who is allegedly involved for the offences under Sections 354-A/354-D/465/469/506/507/509 of the I.P.C. read with Section 66-C/66-D/67/67-A of the Information Technology Act.

  2. The factual matrix leading to the case of the prosecution is that the informant is a woman studying in the Pattamundai Women's College at Pattamundai. It is alleged, inter alia, that her father has got three daughters and his first daughter is mentally retarded girl and the second daughter is the informant herself. The victim girl while studying in College unknown obscene messages came in her mobile imputing her character. Before this also from unknown mobile number, obscene messages affecting the character of the informant also had come through Cell phone of her father. Her father after going through the message became remorse and asked the informant-victim about the matter. So, the victim woman was mentally disturbed by seeing these obscene messages. Then during the year 2015-2016 the written letters containing vulgar languages imputing the character of the victim girl came to her father. Such letters came with sexual remark and with a design to denigrate the character of the victim girl. The messages not only affect the character of the victim girl but also connected the other male members to have sex with the victim girl.

  3. Not only this but also it is alleged, inter alia, that the pamphlet against the character of the victim girl was also pasted on the wall of the Hostel where the victim girl was residing for which she has to change her place of study. But the culprit did not forget to follow her. Wherever the victim girl studied, the printed pamphlets with sexual remarks against the victim girl were pasted on the walls. Finally a fake Facebook Account in the name of the victim girl was created and in the Facebook the morphed naked photographs of the victim girl were transmitted with intention to outrage her modesty. Then the victim girl was bound to inform the Police in writing to take legal action against the culprit.

  4. During course of investigation, Cyber Cell of the Crime Branch examined various witnesses and sent mail to different service providers to trace out the mobile number along with IMEI number. The victim has been examined under Section 164 Cr.P.C. She stated that the petitioner who was very acquainted with the family of the complainant has proposed to marry her and when this marriage could not be finalized, he suspected him to have transmitted the obscene letters, scandalous mail and published the pamphlets imputing the character of the victim girl. Through such obscene and vulgar mails and creation of the fake Facebook Account in the name of the victim girl, the petitioner has exhibited his intention to intimidate her with the purpose to exploit her sexually. So, the Cyber Cell of the Crime Branch after collecting evidence came to know that it is the petitioner who was involved with these types of nefarious cyber crimes. Then the petitioner was arrested and forwarded to court. As per the prosecution, the investigation is going on.


  5. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he was in love with the victim girl. According to him, the victim girl has got another boy friend who must have committed the offence as alleged. He further submitted that except offences under Sections 506 IPC and 67-A of the Information Technology Act, all other offences are bailable in nature and the offences under Sections 506 IPC and 67-A of the Information Technology Act have not prescribed capital punishment and the petitioner is in custody since last two months...

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