Baazee.com petition to quash MMS case dismissed
5/29/2008
Delhi High Court today dismissed the petition filed by the portal Baazee.com
seeking to quash the case of pornography against it, involving two teenagers of
the DPS R K Puram school three years ago.
While holding that prima facie
a case is made out against the company BIPL, Justice S Muralidhar discharged its
director Avinash Bajaj and said the Managing director of the company in its
individual capacity could not be held liable for the offence under Section 292
of the Indian Penal code(IPC).
Jusice Muralidhar directed that the trial
will continue under Section 292(1)(a), 292(2)(d) of IPC and Section 67 read with
Section 85 of the IT Act in the matter.
The court dropped the charges
under Section 294 of IPC and said no offence under this section was made out in
the charge sheet.
Baazee.com had depicted a video clip, shot on a mobile
phone of two students of the Delhi Public School, indulging explicitly in sexual
act.
The managing director of the portal Avinash Bajaj had filed a
petition in the High Court to annul criminal prosecution against him.
The
court stated that pornography on the Internet has posed a serious challenge to
the governments on account of its nature and easy availability of pornographic
material even to children.
The judge said the laws of our country are
not adequate to meet the challenges of the internet to check dissemination of
pornographic materials and hence the responsibility lies with the
company.
Holding the company Baazee.com responsible for the dissemination
of such materials, the court held that the case against them will continue.
UNI