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Cyber Crime

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Web-site Providing Link to Sites containing Pornographic material

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Information

E-Mail message received on Delhi Police web-

site from ‘Mainhoon Don’ providing

information that www.indiatimes.com has

pornographic material

‘Mainhoon Don’ traced from IP Address of

the header and statement u/s 161 Cr.P.C.

recorded

www.indiatimes.com connected on internet

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Case Registered u/s 292 IPC

Contents of the site down-loaded 2 sets of floppies prepared and deposited in ‘Malkhana’Print-out taken and got signed from the witnesses

On enquiry, www.indiatimes.com was found to be owned by Times Group

They took the plea that there site is a search engine Visitor to the site can search for any type of site On being told about links fault admitted search for defaulter responsible for negligence

started

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Cyber Stalking

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Mrs. Ritu Kohli was getting obnoxious telephone calls during night time

Callers told that they have been invited to call on telephone at night on the chatting site www.mirc.com by Ritu

On receipt of complaint trap was laid and Mrs. Ritu Kohli was asked to chat on the site with male identity

Someone with the name of Ritu was already on the chatting site

Contd….

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Mrs. Ritu Kohli started chatting with the person identifying as ‘Ritu’

During online chatting IP Address tracedOn enquiry from VSNL, the IP Address was found

allocated to User ID ‘manika@del3’ and found connected with telephone number ‘7084104’

According to VSNL record, manika@del3 was found allotted to Mr. Manish Kathuria r/o TU-2, Pritam Pura, Delhi

Contd….

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According to MTNL record phone number ‘7084104’found allotted to Mr. Manish Kathuria r/o TU-2, Pritam Pura, Delhi

On questioning Manish Kathuria, confessed immediately

Manish Kathuria was earlier working with M/s CRISIL, where husband of Mrs. Ritu Kohli is working .

Manish Kathuria had some old grudge with Mrs. Ritu Kohli’s husband

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Internet Time Theft Case

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Col. Bajwa reported the theft of internet time of about 107 hrs. purchased from VSNL on Nov. 4th, 1999

Col. Bajwa called Engineer Mukesh Gupta to install internet connection on Nov. 4th, 1999

Thereafter hard disk of his computer crashedThe replacement of hard disk took about two

monthsAfter that on checking, he found his internet time

account exhaustedContd….

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On his complaint, case u/s 379 IPC read with 25 Indian Telegraph Act registered and investigation taken up

Log details with telephone numbers for the internet connection of Col. Bajwa collected

Scrutiny reveals 10 telephone numbers using internet account

Ownership details and address of installation collected from MTNL/Gurgaon telephone authority

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Parijat Agencies (P) Ltd. - 6223714, 6497758 (Mr. Vikram Anand)Parijat Agencies has AMC with Nicon Systems where

Mukesh Gupta was employed as engineer. Mukesh Gupta used to go to maintain the computers at this agency and Mukesh Gupta had used complainant’s password from that premises

Victor Appliances - 7224995Mr. Vicky Malhotra has got the password of the

complainant on chat site from Mr. Mukesh Gupta

Contd….

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Harshwardhan Batra - 5753872Yogesh Batra s/o Harshwardhan Batra told that one

engineer Shashi Bhushan Nagpal came to repair his computer at his residence through his friend & colleague Krishan Kumar and Shashi Bhushan Nagpal showed him internet sites by using password of the complainant

Nishidh Gaind - M/s National Paints & Chem. Institute - 5715843He also got his computer repaired from Shashi Nagpal

who showed him internet sites by using password of the complainant

Contd….

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Sanjeev Saran - Managing Director High Point Expedition and Tours - 6144958Accused Krishan Kumar s/o Bhagat Singh was

employed with this company and has used complainant’s password from his office

Anil Kumar Yadav - 324099 (Gurgaon)He is residing in Gurgaon in the neighborhood of

accused Shashi Bhushan Nagpal and both used to work together in Dec.’99 Shashi Nagpal installed computer at his residence and showed him different internet sites using complaint’s password

Contd….

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Bhagat Singh - 324818 (Gurgaon)Enquiries revealed that accused Shashi Bhushan Nagpal

installed computer at the residence of Krishan Kumar s/o Bhagat Singh and gave password of the complainant for free use. Krishan Kumar used this password to the tune of 78 hrs. from this telephone

Dr. Sanjeev Garg - 3366676He was employed in RML Hospital and was living in

Doctor’s Hostel. He has left the job and gone to London

Dr. Alok K. Bose - 6151930He is also one the user of complainant’s password

through this telephone number

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3 Accused Arrested

MUKESH GUPTA

SHASHI NAGPAL

KRISHAN KUMARMUKESH GUPTA

SHASHI NAGPAL

KRISHAN KUMAR

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As per Jagan Singh Vs. B.S. Ramaswamy, the

Supreme Court of India has held as under (AIR

1966 SC 849: Cr.L.J. 697) and reiterated in 1966

Cri. L.J. 697 ( Vol. 72, C.N. 210) K.N. Suba Rao,

J.R. Mudholkar and R.S. Bachawat, JJ

“Whoever dishonestly abstracts, consumes or

uses any energy shall be deemed to have

committed theft within the meaning of the Indian

Penal Code.”

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Extract of judgement in the court of Shri C.K. Chaturvedi, ASJ

….At one time. It was said that time is money but by the use of information technology now time is more than money. It is opportunity, power, resource and much more depending on the needs of the user….

….In the cyber world, password is a key and therefore is a valuable property, though intangible, through which the information is made accessible and computer time on internet is used by the consumers. The purpose behind giving the password to each consumer is with a view to protect his property which is unlike other physical properties which are guarded physically….

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