Man fined for posting wife’s private photos on FB

[email protected] (Khaleej Times)
December 16, 2011

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Dubai, December 16: The Court of Appeal recently fined an Indian man Dh2,000 for posting private photographs of his wife on the social networking site, Facebook.

The court also slapped a fine of Dh1,000 on him for consuming liquor and quashed the deportation order handed down by the Court of Misdemeanours.

The Court of Misdemeanours had earlier dismissed the case after the defendant submitted a waiver from his wife relinquishing her rights to pursue the case against him for allegedly posting her photographs and details on Facebook, breaching her privacy.

The court had also imposed Dh1,000 in fine for consuming liquor and ordered that he be deported.

A Court of Appeal bench presided by Judge Dr Ahmed Al Mutawah did not take into consideration the wife’s relinquishing of her rights when handing down the verdict, observing that such a criminal charge may not be dismissed with the filing of a waiver. Posting others’ private photographs on a public forum is a crime that affects their reputation and personal life.

The defendant and his wife had been married for 12 years and have two children together. However, disagreements began to surface about four years back, which the wife blamed on his bad treatment of her and his habit of drinking liquor.

Both had been living alone for seven months prior to the complaint. During their split, the defendant posted on Facebook private photographs of his wife with her cousin which were taken before her marriage to him.

He tagged the photos with the line ‘she kicked her husband out to have a good time’ on his Facebook page.

He then text messaged her to have a look on his Facebook page, which upset her a lot and she lodged a complaint at the police station.

In the court, the defendant claimed he was intoxicated when he posted his wife’s photos on the Net.

During trial, the wife withdrew her complaint and surrendered her rights to sue him legally. But he had still to face the criminal charges as stipulated by the law.

The Public Prosecution challenged the verdict of the Court of Misdemeanours citing a flaw in implementing the law regarding the dismissal of the case for the offence of posting the private photos because of the waiver.

The prosecution requested that the Court of Appeal to rectify that flaw as per the Criminal Procedure Code.

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Agencies
May 14,2020

Six migrant workers have been killed and five others seriously injured when a speeding bus ran over them on the Delhi-Saharanpur Highway near in Muzaffarnagar, officials said on Thursday.

The accused driver, who was suspected to be under the influence of alcohol, has been arrested, said SSP Abhishek Yadav.

The workers were going on foot to their homes in Bihar from Haryana when they were hit on the Delhi-Saharanpur Highway between Ghalili Check Post and Rohana Toll Plaza, about 20 km from here late last night, the official said.

The injured -- Sushil, Nathu Saini, Pawan Saini, Pramod and Ramji Rai --were rushed to hospital.

Two of the deceased were identified as Bijender, 25, and Harsh, 20. The rest were yet to be identified.

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News Network
July 17,2020

Ahmadabad, July 17: The Gujarat high court has ordered the Bharuch superintendent of police to investigate and produce a 14-year-old girl before the court, who has allegedly eloped with a man. Ironically, the man was convicted two years ago on Pocso charges for eloping with another minor girl in 2016.

The high court has asked the government to file an application for bail cancellation of the convict because he has indulged in a similar offence after having come out on bail.

The case involved one Dilip Padhiyar (24) from Uchchhad village in Jambusar taluka of Bharuch district.

He was punished with 10 years in jail in December 2018 by a special court for kidnapping a 16-year-old girl in 2016. He was prosecuted under the Protection of Children from Sexual Offences (Pocso) Act and for rape and kidnapping charges. He got away with a 10-year-imprisonment because the girl was over 16 years and she had not alleged rape. However, Dilip Padhiyar was held guilty of statutory rape, abduction as well as under provisions of Pocso Act.

Dinesh Padhiyar got regular bail from the high court pending his appeal challenging his conviction in January 2019. In November 2019, he eloped with another minor girl.

Her father approached the high court complaining that though an FIR was registered with Vedach police station, the police have not made any effort to trace his minor girl. It was also contended in the habeas corpus petition that Padhiyar is a habitual offender.

Petitioner's advocate Imtiyaz Kureshi said that looking at the past of Dinesh Padhiyar, the high court asked the state government to initiate proceedings for cancellation of his bail.

The bench headed by Justice Sonia Gokani instructed HC's registry to treat the bail cancellation application as an urgent matter.

The high court has ordered Bharuch SP to produce the girl before the court by July 20, and in case she cannot be traced by then, he will have to submit an action taken report.

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Agencies
January 21,2020

Tengnoupal, Jan 21: A woman IPS officer has alleged that a rifleman of Assam Rifles physically assaulted and molested her at a check post near Moreh town in Manipur's Tengnoupal district, police said on Tuesday.

Based on a written complaint of the IPS officer, an FIR has been registered against rifleman P K Pandey and a summon has been issued to him to appear before the concerned police station, the police said.

Manipur DGP L M Khaute told reporters on Monday, "We have made contacts with the Assam Rifles authorities. A complaint has been lodged by the officer." In her complaint, the IPS officer said that on reaching Khudengtabi check post on Sunday afternoon one of her escorts, who was not in uniform, told the frisking party of Assam Rifles to register their entry.

Despite showing their identity cards, the rifleman allegedly detained them, she said.

"We offered to search ourselves and the vehicle, but he was not interested", she said.

The rifleman began hitting the official vehicle and "misbehaved, humiliated, harassed and assaulted me and my escort personnel," she alleged.

The IPS officer also alleged that the rifleman molested her and when her escorts tried to intervene, he thrashed them.

She further accused the rifleman of making "sexually coloured" remarks against her, using abusive language and even tried to snatch her phone when she tried to call her senior officers.

The issue was brought under control after the matter was reported to the Brigadier of 26th Assam Rifles and the Major of the D-company of 12th AR, police said.

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