Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Case Title:
Dharmendra v. State of UP
Case No.:
Criminal Misc. Bail Application No. - 56170 Of 2023
Date:
16.05.2024
Brief Facts:
The Prosecution alleged that the mobile device of the Applicant had pictures of victim and that phone was neither seized nor sent to forensic during course of investigations.
The said deficiency came to light during the bail proceedings.
Observations of the Court:
It was noted that Cyber offences are becoming a menace for the society. In particular indecent photographs of persons being captured, stored or transmitted through digital devices is tearing apart the social fabric of the country. Women victims are more vulnerable to such offences. These offences may have lifelong traumatic consequences for the victim. It is the responsibility of the police to investigate cyber crimes in professional manner and obligation of the courts to ensure that further investigations are permitted in case any lapses are noticed at the appropriate stage as per law.
On the issue of further investigation, the Bench opined that further investigation will help to ensure that full evidence is produced before the court to arrive at the truth of the matter. The court should not adopt a pedantic view and block further investigation by rejecting such applications without due cause. To the contrary the court should ensure that appropriate investigation unearth all relevant evidences for consideration by the court.
The Court directed the Home Secretary, Government of U.P., Lucknow and Additional Director General of Police (Technical Services), Government of U.P. are directed to ensure that the existing technology/know how in the Forensic Science Laboratories is regularly upgraded to keep pace with the rapid advances in technology.
The decision of the Court:
It was directed that if the phone of the Applicant was found during course of further investigation, the same shall be sent to forensics for FSL report.
