|Supreme Court of India|
|Name of the Case Fatima Riswana v. State|
|Citation (2005) 1 SCC, 582|
|Year of the Case 2015|
|Appellant Fatima Riswana|
|Respondent State rep. by ACP Chennai & Ors.|
|Bench/Judges Justice N. Santosh hedge and Justice S. B. Sinha|
|Important Sections Section-67 of Information technology act, 2000, r/w section-6 or Indecent representation of women prohibition act, 1986, u/section-5 and 6 of immoral traffic prevention act, 1956, u/section 27 of arms act, 1959 and section-120 (B), 366, 376, 506(ii) of Indian penal code.|
All so in connection with the law not let is its journal or transmission. If the railway police in Mumbai could motion-less make great fear an IIT learner, just by a claim that his mobile phone store dirty pornography video there went on (transport) roughshod over his human rights of the net pornography material about sex is in simple not hard words formed as the act of with the help of cyberspace to generate display take in goods from another country make a distribution or dirty (story) materials or put into print pornography material about sex. With the coming on of cyberspace old and wise dirty (writing, pictures) comfortable now has been most part taken the place of another by online/digital dirty (writing, pictures) comfortable of the net dirty-minded material about sex is forbidden in many countries & made right by law in some. In India, in the Information Technology Act, 2000 this is a grey region of law, where it is not against the law but not made right by law one or the other. In addition, Indian courts are squeamish and through arts or learning still fearing observation of putting before the issue of pornography material about sex. The courts should give out these matters just like they give out with other matters.
Fatima Rizwan v. State Rep. by ACP Chennai & Ors. in this case analysis we talk Introduction, facts, issues, judgment, conclusion, analysis. This case is related to the exploitation of certain men and women by one of the accused Dr. L. Prakash of the purpose of making pornographic photos and videos in various acts of sexual intercourse and thereafter selling them to foreign websites. The accused facing trial of offenses punishable under section-67 of IT ACT, 2000 r/w Section of Indecent Representation of Women (Prohibition) Act, 1986 under section-5&6 of Immortal Traffic (Prevention) Act, 1956.
Matter getting mixed in trouble wrong use of persons of men and women for making dirty pornography video high court going directions for transfer as case put on one side to fast court acted as chief at the judge, though given a selection to transfer, not sending at a special quick rate any opinion to transfer said nothing that the order of transfer cannot be supported. Gurmit Singh’s case (It 1996(1) Sc 298) referred and had as one trade.
1. The appellant of the case in one of the prosecution witnesses in a case (SC No. 9 of 2004) wherein one Dr. L. Prakash was accused of making dirty pornography content by using persons wrongly different men and women. The what is in were in the form of picture and viewing record and were later traded off to out-of-country sites.
2. The trail of this completely hates – causing crime was made a distribution to the V fast court which was headed by a lady acting as chief at the officer and which also came under the mahilla courts. That has been put up vide the government be given note, word S O. Ms. No. 556 home (courts II department of the Tamil Nadu government. The persons kept for the public purpose of such courts were made to given speedy judicial remedies to women who have been wronged.
3. The primary evidence looking upon the said matter was in the form of 74 very solid substance) computer mass stores (CDs) that had the referred dirty (pornographic material in them. While the case was waiting before the fast court several criminal change petitions were kept records by the respondents of this case making attempts the supply of the referred CDs by the prosecution. The Madras high court made of no effect the appeal in an order time-stamped 13th February 2004 stating that producing the CD publicly might cause it to be against the law copied and spread.
4. However, the court suggested that the accused could carefully read the CD inside the chamber of the judge and in the existence of the acting as chief at the officer the accused their advocates, the prosecution, and the making observation of officer.
5. The high court was then well-detailed that since the acting as chief at the officer was a woman, then prosecution and the council agreed that viewing such material in the existence of a lady acting as chief at officer might cause being troubled to the Judge. Madras high court saw coming the being troubled and said that the case could be got moved from one position to another to another fast court with a male judge if of any being troubled caused to the lady acting as chief at the officer.
6. As soon as this suggestion was made another criminal change petition was made by the 6th respondent of the case pleading the transfer of the case to a different fast court.
7. As a move to this, the high court of madras got moved from one position to another the case of IV fast court acted as chief by a male district judge V fast court.
Issue no. 1 Did the transfer of the case from the V fast court to IV fast court go against the objective of the frame for events up Mahila Courts?
Issue no. 2 was the being troubled of the lady acting as chief at officer only belief on in the names of the Madras high court?
Issue no. 3 was the fact that the witnesses who were also in the same questioned state as the one attacked person could be troubled to give their statement in front of the male judge taken into account as by the Madras high court in its fight against order?
The judges said no to working out the issue of the supply of CDs to the respondents since it was already being looked into because of in relation to the filing of an SLP by the respondents hard the order of the Madras high court. The judges made no effect on the transfer of the case from V fast court based on the following. The transfer of the trail had been done only since being a woman the acting as a chief at Officer would be troubled to see the CDs having in it dirty (pornography material). The acting as chief at the officer, nowhere on record had stated that she would be made it hard to conduct this said trail for this reason the belief stands baseless and the transfer order stands reversed. The prosecution rightly pointed out that being troubled was only a state of mind and the position of a witness statement to a male judge in this in connection with should have been considered. The evidence of the case would make it hard for any quite good person and the point to be considered of it having a relationship as only to a lady acting as chief at the officer was grossly wrong. In addition, any judicial officer was had in mind to rise to the reason need, cause, and go on with the act to be done given into the care of pushing away his/her bad opinions not based on reason and desires. In addition, if the acting as chief at officer faced being troubled in view that what is in of the evidence. She could do so alone in her chambers. The procedure could be stated by the acting as chief at the officer in this regard. The argument that the respondent put forward-looking upon being made it hard for themselves in conducting a trial of this nature in front of a lady acting as chief at the officer was free to come to a decision about for themselves if they wanted to go on or not based on the fact. They were completely having knowledge of the brief of the case.
The high court while getting moved from one position to another the case did not take into a point to be considered the being troubled that the witnesses would face in front of a male judge. This was important because the witnesses had to brief about their own acts that led to the doing of the crime. In such an event-ready space, the court should have considered the being troubled that the witnesses would face in front of a male judge. This was important because the witnesses had to brief about their own acts that led to the doing of the crime. In such a light event-ready spaces, the court should have taken into account as the being troubled of the witnesses who were in similar shoes of one attacked person while giving reports on their own actions in front of a male judge. For this reason, if any being troubled had to be considered as it should have been the being troubled of the witnesses. The prosecution had thus rightly made used statement, the direction the opinion said in a state of Punjab v. Gurmeet Singh 1996(2) Scc 384. The view put forward in the competition of the respondents that the appellant in this case was one of them as a rule accused hold no connection in this in connection with.
The Hon’ble Supreme Court held that in a case putting forward wrong use of persons of certain men and women by one of the accused a Doctor of the purpose of making pornography pictures by the camera and viewing the record in different acts of sexual relations High court was not let off in getting moved from one position to another the trail by making forward behavior being troubled to the judicial officer one and only on the ground that she is a woman officer. The order for transfer was passed and the reason for this was that the said trial would be about the wrong use of persons of women and their use in the sexual foolish act by the accused and the evidence in the case is in the form of CDs. And viewing of which would be necessary for the direction of the trail as an outcome of that for a woman acting as chief at officer it would cause being troubled. It is also to be seen that high court has taken into account as only the being troubled that may be caused to be lawyers and judges and has failed to take into account as the being troubled that may be caused to the lady witnesses like the appellant in this who have been summoned in this case to come into view as before a court acted as chief over by a male judge to give evidence more where their own acts are part of the prosecution evidence.
As an outcome of that if at all there was a question of keeping away from the being troubled caused to any of the people taken part within the case in our opinion the court has to take into account as the being troubled that would be caused to the witness. Who are actually in the nature of victims while giving evidence of their acts before a male judge. The Indian courts are squeamish and through arts or learning still fearing observation of putting before the issue of dirty-mind material about sex. This is a rather clear case of the squeamishness of the court when putting face to face with clear and detailed any dirty pornography material perhaps making the motion of the hand, head as a sign in the direction of the larger helping in crime that let’s society and law make come into existence a ruckus about Richard Gere and Shilpa Shetty kiss, HBO English motion picture narrow ways dance bars and other such aspects of the wrong loose law current day that we are living in but at the same time still in the same way with comfort memoryless to the circulation of pornography material about sex, both know online and offline. Such secretive/covert using up does not disturb the here to coming from normal rules every day and family-related in fact probably states as the fact it since the way to most of these people spaces is gendered in rather clear ways.
The literal that is of the expression of dirty-minded material about sex is having a relation with or presentation sexual acts to cause sexual stimulation through books, films, and so on. This would have among its part’s dirty pornography places in the net dirty pornography viewing record, writings, pictures, pictures by the camera, etc. Everyone is taken part within with no sense of shame sexual activity, being untrue & before marriage sex pornography material about sex addiction Dr. Victor cline and authority on sexual addiction taken into being that there is four-step progression among may who put away dirty minder material about sex.