State of Karnataka vs Avinash R Kashyap. Criminal Revision Petition 1028/2016 decided on 21 October 2020.
Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/346565/1/CRLRP1028-16-21-10-2020.pdf
Relevant Paragraphs: 24. (facts) Accused was connected to the crime only on the basis of his I.P. address. As per the complaint itself, the alleged profile was created on 30.06.2007. As per the report of the Senior S.D.E. of Vigilance Cell of the office of the General Manager Telecom, Jayalaxmipuram, Mysore, the new phone connection was provided to the father of the accused on 20.06.1997. The Broadband connection was provided on 07.07.2007.
25. An Internet Protocol address (IP address) is a numerical label assigned to each device (e.g., computer, printer) participating in a computer network that uses the Internet Protocol for communication. Generally all Broadband customers are allotted dynamic I.P. address by BSNL. Until the Broadband connection is given router/modem is provided, internet does not work through I.P. address.
26. As per the aforesaid report, the Work Order for the provision of Broadband was issued on 30.06.2007. On that day, only some amount was demanded as advance rental deposit. As per the said document, Broadband connection itself was provided on 07.07.2007 i.e., after the date of the commission of the alleged offence. There was nothing to show that Broadband internet connection to the I.P. address was activated on 30.06.2007. As per the record of SDE (NIB) of Telephone exchange Mysuru, on 07.07.2007 the Broadband account was created to the telephone number of father of the accused and that was closed on 29.08.2007.
27. The report of the Junior Scientific Officer (Physics) Central Forensic Science Laboratory, M.H.A., Chandigarh dated 19.02.2010, states that the suspect storage media was forensically imaged and analyzed. On such analyzation, the suspect storage media H1 did not contain any data relevant to the case. Therefore, the Scientific examination report was also negative.
28. With such material, proceeding against the accused only on the basis Aof the IP address was futile. Under the circumstances, the Sessions Court was wholly justified in holding that there were no grounds to proceed against the accused. The impugned order of discharge passed by the Sessions Court sustains on that ground. Therefore the Revision Petition is dismissed.
Compiled by S. Basavaraj, Advocate, Daksha Legal.
Daksha Legal 