Delhi High Court Upholds Conviction Of POCSO Accused
The Delhi High Court while upholding the conviction of a man, remarked that a morphed image, once created and circulated, can cause long-term damage to a child’s mental health, dignity and her reputation.
An Appeal was filed by the accused, assailing the Judgment of the Additional Sessions Judge (ASJ), by which he was convicted for the offences under Sections 354A(iii), 354D, 509, and 506 of the Indian Penal Code, 1860 (POCSO Act); Sections 67 and 67B of the Information Technology Act, 2000 (IT Act); and Sections 11(v), 12, 13, and 14 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
A Single Bench of Download Free Download Download Sharma emphasised, “It must be therefore emphasized that threats extended in cyberspace can never be taken lightly. The harm caused is not mitigated by the fact that there was no physical contact. The trauma from virtual abuse lingers as strongly, if not more so, because of its repetitive and invasive nature. A morphed image, once created and circulated, can cause long-term damage to a child‘s mental health, dignity and her reputation. The fear of such circulation alone, even if the image is never actually published, is enough to terrorize a young mind.”
The Bench said that creating a safe environment for children cannot be restricted to physical spaces alone.
Advocate ashish sehrawat represented the Appellant while App Naresh Kumar Chahar represented the Respondents.
Case Background
As per the prosecution case, a Complaint was lodged by the minor victim’s mother. It was alleged that the victim, a Class IX student, had received vulgar and obscene images on her mobile phone, through WhatsApp messages. The images were disturbing in nature, i.e., her face had been allegedly morphed onto the nude body of another person. Accompanying these images was a threatening message warning that if she did not comply with the sender’s demands, the obscene content would be uploaded on Facebook and circulated over the Internet. Based on this complaint, an FIR was registered and investigation commenced. The Investigating Officer (IO) procured the call detail records (CDRs) of the mobile number, which revealed that the said number was used across multiple IMEIs, and was registered in the name of one person.
However, no verifiable address of that person could be located and further technical analysis showed that the number had been predominantly used with three IMEIs. Upon cross-checking the CDRs linked to these IMEIs, one common number surfaced repeatedly, which was found registered in the name of the Appellant-accused. Allegedly, he attempted to flee upon spotting the police, but was apprehended. Examination of the phone revealed several obscene and sexually explicit images, including the same morphed picture that had been sent to the victim. Upon conclusion of trial, the Trial Court held the accused guilty of the alleged offences. Being aggrieved by his conviction, he was before the High Court.
Court’s Observations
The High Court in the above context of the case, observed, “… a perusal of the messages and the images reveals that the accused had sent morphed indecent and vulgar pictures of the victim to her which depicted the victim in obscene, in decent and sexually explicit manner and therefore, his acts are clearly covered under Section 67 and 67B of the IT Act.”
The Court was of the view that the prosecution succeeded in proving the case beyond reasonable doubt through the consistent and corroborated testimonies of the victim and her mother, supported by expert evidence and the FSL report.
“The defence taken by the appellant, that he was falsely implicated, has not been substantiated by any credible evidence. Therefore, no infirmity is found in the judgment of conviction passed by the learned Trial Court, which is accordingly upheld”it held.
As regards the sentence awarded, the Court noted that the Trial Court rightly sentenced the Appellant after properly considering the applicability of provisions of POCSO Act and IPC.
Evil Use of Technology to Outsmart Investigating Agencies
The Court further remarked, “This Court cannot lose sight of the manner in which the present crime was executed, i.e. through deliberate and calculated misuse of modern technology. The appellant herein chose to operate from behind the veil of a mobile device and internet connectivity, believing he could escape the reach of law enforcement agencies by frequently changing handsets and SIM cards. This is not just an act of technological manipulation but one which was clearly aimed at outsmarting the investigative machinery.”
The Court added that while the accused misused technology for nefarious purposes, the same tools – through forensic and technical expertise – were used by the agencies to trace the crime back to its origin and establish a clear chain of electronic evidence linking the accused to the commission of offence in question.
Technology as a Tool for Cyberbullying
The Court, however, noted, “… what is deeply concerning is the use of technology to commit cyberbullying – an act that, while faceless and silent, can be as mentally traumatic and scarring as physical violence, especially when directed towards children. The present case reflects a textbook example of cyberbullying, where an adolescent girl, who was pursuing her studies, became a victim of a targeted assault upon her privacy and dignity.”
The Court said that the act of morphing the victim’s face onto an obscene image and coupling it with threatening messages not only sought to shame her but was intended to coerce her into submission through fear and such conduct, in the virtual world, has very real and devastating consequences in the real world.
Mental and Emotional Impact of Cyber Threats on Children
The Court also remarked, “The psychological impact on a minor who receives a morphed nude photograph of herself, combined with a threat that the same will be published online if she does not comply with the accused‘s demands, is difficult to quantify in words in a judgment. The victim in this case, a student of class IX, was at a vulnerable stage of life, one where academic performance, self-esteem, peer relationships, and family interactions are all deeply affected by emotional stability.”
The Court added that an act like this would shatter a child’s sense of safety, personal security, and dignity, possibly for years to come.
Necessity of Providing Safe Digital Spaces for Children
Moreover, the Court said, “The modern world demands that equal protection be extended to digital spaces, where children are now spending considerable time, often for educational purposes. Tablets, mobile phones, and internet access have become essential tools for learning, especially in the aftermath of the COVID-19 pandemic. However, the case at hand demonstrates the dark side of such access, i.e. where a child electronic device was misused as a medium of abuse.”
Conclusion
The Court observed that the plea for leniency on behalf of the Appellant stands on a fragile footing and the law must send a clear message that crimes committed in cyberspace against children are taken with utmost seriousness and will attract consequences that reflect the gravity of the impact on the victim.
“Therefore, while this Court remains cognizant of the complexity of crimes committed through digital means, it also acknowledges the equally compelling responsibility of the justice system to evolve with time. It is important to not only detect and punish such crimes effectively but also to affirmatively uphold a child’s right to safety, dignity, and mental well-being in such cases”it concluded.
Accordingly, the High Court dismissed the Appeal and upheld the conviction.
Cause Title- Rajesh Gambhir v. State GNCT of Delhi and Anr. (Neutral Citation: 2025:DHC:6131)
Appearance:
Appellant: Advocates Ashish Sehrawat, Kapil Yadav, and Nikhil Yadav.
Respondents: App Naresh Kumar Chahar and Advocate Puja Mann.