Kolkata Court Highlights Evidence Lapses in Social Media Stalking Case

Precedent in the Fight Against Cyber Harassment

In a landmark decision on April 16, the POCSO court in Kolkata emphasized the critical need for concrete evidence in allegations of cyber harassment. According to Times of India, the court acquitted an accused individual due to the failure of a thorough investigation by the authorities involved.

The Eight-Year-long Judicial Battle

The complex case dates back to 2017, when an FIR was registered following allegations made by a minor’s mother against a school senior accused of morphing her daughter’s images over nude photographs on Facebook. The trial faced multiple setbacks, primarily due to the failure of prosecution to present sufficient evidence linking the abuse to the alleged offender.

Unveiling Key Judicial Observations

Judge Indrila Mukhopadhyay Mitra, presiding over the case, made pivotal observations about the deficiencies in the police investigation. The chargesheet lacked clear evidence of the accused’s culpability despite obtaining login IP addresses and customer details linked to the posts. The decision stressed that “surmise and conjecture” cannot form the basis of criminal charges.

The Role of Facebook and Telecom Records

During the trial, records from Facebook and Tata Teleservices were scrutinized. These platforms had provided access data, yet it was insufficient to hold the accused accountable. This led to the realisation that even comprehensive digital footprints aren’t infallible without undeniable connection to the accused.

Importance of Stronger Technological Insight

Highlighting the potential of modern technology in aiding justice, the court pointed out the need for thorough understanding and utilisation of digital evidence in cybercrime cases. The ruling underscored how a lack of technical finesse could undermine critical legal battles, a lesson well-noted for future cyber cases in India.

Exploring the Boundaries of the POCSO Act

An intriguing aspect of the case was its engagement with Section 29 of the POCSO Act, which presumes guilt upon the accused pending proof. However, the court clarified that for their use, the foundational facts necessitating such presumption must be firmly established—a task at which the prosecution fell short.

Looking Forward: Legal Community Reaction

This decision, wrapped in legal complexities and societal implications, has sparked discussions within the legal community regarding evidence thresholds in digital age crime. This case is now not only about justice but also a reminder of the evolving nature of crime detection and perennial need for rigorous evidence in the court of law. The verdict has set a precedent for future legal narratives concerning digital and social media platforms worldwide. “`