First cyber crime conviction in K’taka: Man gets 2-yr jail for sending obscene emails

The accused, Shivaprasad, even quit his software company job to become a lawyer and defend himself in the case.
First cyber crime conviction in K’taka: Man gets 2-yr jail for sending obscene emails
First cyber crime conviction in K’taka: Man gets 2-yr jail for sending obscene emails
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The first ever conviction in a cyber crime case in Karnataka happened on Friday when the Additional Chief Metropolitan Magistrate (ACMM) Court sentenced Shivaprasad Sajjan, a software engineer and lawyer, to two years imprisonment and Rs 25,000 fine.

Shivaprasad (38), a resident of Bagalkot, was found guilty under Section 67 of the Information Technology Act.

The case was taken up in 2008 after Shivaprasad was accused of sending obscene emails including pictures of a woman to various people from a cyber cafe. Shivaprasad was known to the complainant and he was also accused of creating nude photographs of the complainant and sharing them.

After the case was taken up, Shivaprasad quit his software company job and studied law. He went on to become a criminal lawyer plying his trade in his hometown of Bagalkot. He also defended himself in the case in which he was accused.

The case was transferred to the CID's cybercrime wing and was registered under Section 67 of the IT Act (punishment for publishing or transmitting obscene material in electronic form).

The investigation into the incident revealed that Shivaprasad sent the emails from a cyber cafe in Rajajinagar. 

“Shivaprasad and the woman were friends from the time they were studying in a Bengaluru college. But their relationship had soured over personal differences. The woman could not find a job and left for her hometown Delhi. Shivaprasad decided to defame the woman as she distanced herself from him. Using the computer, he morphed the woman’s pictures to create her nude photographs and emailed them to her, his friends and others,” police said speaking to Times of India.

Since there was no CCTV at the time, police had to track down the cyber cafe he used by speaking to friends and family. But in spite of fighting the case himself, Shivaprasad was unable to prove his innocence. “He used all possible legal loopholes to drag the case. But, he could not prevent his conviction,” said an official from the CID speaking to The Hindu.

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