MMS case: HC offers partial relief to website's ex-MD
The Delhi High Court today declined to quash the entire chargesheet against a website's former MD filed for allegedly displaying a MMS clip in which two students from a Delhi school were shown indulging in a sexual act four years ago.
By PTI |
NEW DELHI: The Delhi High Court today declined to quash the entire chargesheet against a website's former MD filed for allegedly displaying a MMS clip in which two students from a Delhi school were shown indulging in a sexual act four years ago.
Offering a partial relief to former managing director of Bazee.com (now Ebay India Pvt Ltd) Avnish Bajaj, the court dropped charges of selling and distributing obscene book or object with an intention to blackmail.
Justice S Muralidhar dropped sections 292 (selling of obscene material) and 294 (obscene act) under IPC but made it clear that the case under the Information and Technology Act, for selling the video clip, would continue against Bajaj.
Bajaj had allegedly uploaded the MMS clip, recorded on a mobile phone camera, on the company's website.
"As far as Bajaj is concerned, since the IPC does not recognise the concept of an automatic criminal liability attaching to the Director where the company is an accused not even a prima facie case for offence under sections 292 and 294 is made out..," Justice Muralidhar observed in a judgement and vacated the interim stay on the proceedings.
The court rejected the submission made by the prosecution that Bajaj was responsible for the illegal display of the clip both in official as well as in his personal capacity.
In December 2004, the Delhi police had registered an FIR against Bajaj and his company Bazee.com India Pvt Ltd for illegally displaying the video clip showing two school students indulging in a sexual act.
Offering a partial relief to former managing director of Bazee.com (now Ebay India Pvt Ltd) Avnish Bajaj, the court dropped charges of selling and distributing obscene book or object with an intention to blackmail.
Justice S Muralidhar dropped sections 292 (selling of obscene material) and 294 (obscene act) under IPC but made it clear that the case under the Information and Technology Act, for selling the video clip, would continue against Bajaj.
Bajaj had allegedly uploaded the MMS clip, recorded on a mobile phone camera, on the company's website.
"As far as Bajaj is concerned, since the IPC does not recognise the concept of an automatic criminal liability attaching to the Director where the company is an accused not even a prima facie case for offence under sections 292 and 294 is made out..," Justice Muralidhar observed in a judgement and vacated the interim stay on the proceedings.
The court rejected the submission made by the prosecution that Bajaj was responsible for the illegal display of the clip both in official as well as in his personal capacity.
ADVERTISEMENT
In December 2004, the Delhi police had registered an FIR against Bajaj and his company Bazee.com India Pvt Ltd for illegally displaying the video clip showing two school students indulging in a sexual act.
Download
The Economic Times Business News App for the Latest News in Business, Sensex, Stock Market Updates & More.
The Economic Times Business News App for the Latest News in Business, Sensex, Stock Market Updates & More.
Download
The Economic Times News App for Quarterly Results, Latest News in ITR, Business, Share Market, Live Sensex News & More.
The Economic Times News App for Quarterly Results, Latest News in ITR, Business, Share Market, Live Sensex News & More.
ADVERTISEMENT
