15. From the statements of Jamunabai (PW5) and Complainant Terasbai (PW1), it is only established that Applicant No.2, Nitesh had downloaded obscene photos of Complainant Terasbai on the mobile phone of Jamunabai (PW5) through the hard disc of his computer. Those obscene photos of the Complainant were found in the hard disc of his computer. From where he obtained those obscene photos, nothing is available on record in this regard. Terasbai (PW1) has categorically stated in paragraph 7 of her cross-examination that when she asked from Applicant No.2, Nitesh that from where did he get those obscene photos, he did not tell her anything about this. Though on being examined the said obscene photos of the Complainant were found in the mobile phone of Applicant No.1, Kedarnath also, none of the witnesses has stated that Applicant No.1, Kedarnath had shown, transmitted or published those photos to anyone. Therefore, Applicant No.1, Kedarnath had published or transmitted those obscene photos of the Complainant through any print or electronic mode is not established. Therefore, it is clear that both the Courts below have convicted Applicant No.1, Kedarnath for the aforestated offence without proper appreciation of the evidence on record and, therefore, the conviction of Applicant No.1, Kedarnath is held to be illegal. Hence, Applicant No.1, Kedarnath is acquitted of all the charges framed against him.
