Chain of Events

1. Facts of the Case – Page no. 3 – 4

Trio of Friends namely – Abhay, Arun, Mahesh (AAM). Childhood
friends, In Degree College.

21/03/2019 – Plan to make money by demanding 10,000/- in exchange to

increase internal marks of Student for Annual Exam. FIR was filed u/s
420 r/w 34 IPC

02/05/2019 – Chargesheet filed before Magistrate. Matter pending for

final adjudication.

18/10/2021 – To secure acquittal (AAM) had an altercation with a witness

from previous case. Ending up inflicting Grievous hurt upon the Witness.
FIR u/s 116(2) r/w 3(6) BNS.

22/11/2021 –Chargesheet filed before Magistrate. Matter pending for

final adjudication.

19/12/2022 – (AAM) met Vijay (Accused) who was contesting elections

against Sumit (Victim/ Informant).
Vijay sought aid of (AAM) to defame Sumit.
- He promised them to give numbers of Lady student if he wins
elections.
- AAM obtained a video of Sumit from YouTube of Sumit and morphed
the video saying deeming things about certain lady students of college.
- FIR u/s 334(4) r/w 3(6) r/w 61 of BNS
- Upon the Police Officer coming to know the offences registered
earlier added 109(2), 109(3), and 109(4) BNS.

(AAM) & Vijay through separate petitions in High Court challenged

invocation of section 109(2), 109(3), and 109(4) of BNS

2. Complaint to NCRP - Page no. 15

19/12/2022 @ 4: 35 pm (3725276937454)
Original Video -10 mins
Morphed Video – 4 mins
 - Original video procured from you tube Channel ‘Sumit Sharma
Updates’ uploaded by Sumit on 21/11/2021.
- ‘Morphedvideomp4’ discovered by Sumit where he was making
sexually coloured remarks against female students of college, uploaded
6 hrs ago on ‘UserX’ Youtube Channel.
- College Elections – 05/01/2023
- ‘Vijay is good friends with (AMM) he was actively pressurizing me
to withdraw from my candidature’
- ‘I suspect that Vijay & (AAM) have morphed and uploaded the video
to defame me’
- Vijay lives in Sun Tower, Dadar, Mumbai City
- (AAM) lives in Chandra Chawl, Mumbai Suburban
- Sumit lives in Prem Heights, Dadar, Mumbai City

3. Case transfer to Dadar Police station email – Page no. 18

21/12/2022 @ 2: 53 PM
Complaint forwarded to Dadar Police Station for appropriate action.

4. FIR - Page no. 19

21/12/2022 @ 14:53 Hrs (2:53 pm)
FIR NO: 17/2022
Sections: 334(4) r/w 3(6) r/w 61
General diary ref: Entry No. 441 @ 16: 15 (4:15pm)

5. General Diary Entry No. 441 - Page no. 21

21/12/2022 @ 16:15 hrs
Brief – FIR registered
Entry by (Officer) – P. Gaikwad Rank – Inspector (Officer – in – charge
of Dadar Police Station)

6. General Diary Entry No. 442 – Page no. 22

21/12/2022 @ 17:15 hrs
Brief – Sumit Sharma attended Police Station to sign FIR
Entry by (Officer) – P. Gaikwad Rank – Inspector

7. Permission Letter to DCP – Page no. 23

21/12/2022 Outward no. 165/2022
Permission of Investigate CR no. 17/2022
By – P. Gaikwad Sr. Inspector
8. Approval Letter to Dadar Police Station – Page no. 24
26/12/2022 Outward no. 4322/2022
Approval to conduct Investigation in C.R. NO. 17/2022 to Officer – in –
charge of Dadar Police station or any other officer Deputed by him.
By- Deputy Commissioner of Police

9. Letter to Electricity Department – Page no. 25

26/12/2022
Request to send two employees from Electricity Department to act as
Panch.
With Ref to GR dt. 16/05/1994 CDR/1064
To be present on 03/01/2023 @ 11:00 AM to act as Panch.

10. Summons – Page no. 26 – 29

26/12/2022
Summons to be present at Dadar Police Station on 03/01/2023 at 11:30
AM along with laptop and your personal phone. To AAM & Vijay.

11. General Diary Entry No. 05 – Page no. 30

03/01/2023 @ 11:02 Hrs (11: 02 AM)
Brief- A. Pandey & M. Kamble attended police station for Panchanama
Work.
Entry by (Officer) – P. Gaikwad Rank – Inspector

12. General Diary Entry No. 07 – Page no. 31

03/01/2023 @ 11:33 Hrs (11: 30 PM)
Brief: AAM & Vijay present Police Station for Investigation.
Entry by (Officer) – P. Gaikwad Rank – Inspector

13. Seizure Panchanama – Page no. 32

03/01/2023 @ 12: 15 – 13:00 Hrs
Panchas: 1. A. Pandey, 2. C. Ramalingam
- Panchas reached P.S. at 11:00 was briefed about CR NO.
17/2022 by Sr. PI P. Gaikwad
- 4 persons came to Police Station at 11:30, introduced
themselves as students AAM & Vijay.
- They were asked to on their laptops and put in their Passwords
 - Inspector checked the Laptop of Abhay first and specifically
filtered to search mp4 format files, checked the properties of
the Video it was dated 18/12/2022 at 18: 24 hrs (7: 24 PM)
duration 4: 19 seconds.
- Inspector opened WhatsApp, Group named Sumit Election
Group and found a 4 min 19 sec video sent @ 18: 25 (7:25
pm) on 18/12/2022 followed by text “Will this work?” it
received thumbs up from Arun Mahesh & Vijay.
- Arun text: “As we decided give numbers of Hema, Rekha,
Jaya, Sushma & Nirma.” msg sent on 18:30 Hrs.
- Same msg and video was found in laptops of other 3.
- Laptops were switched off and placed in separated transparent
plastic and sealed, sign of Pancha taken.
- PI Gaikwad asked Abhay to log into his Google Account
from the Desktop at Dadar Police Station.
- AVAM.Elections@gmail.com was the email and password was
entered verification code came on his phone he entered it and
accessed the account, Youtube account linked to it was ‘UserX’
- Upload history searched; video titled ‘Sumit Sharma Exposed’
Length 4:19 mins was uploaded on 19/12/2022 at 09:35 hrs.
- Inspector played the video, one person was making sexually
coloured remarks.
- Mobile phone was sealed and placed in bag, signed by
panchas.
- Inspector then logged off the google account from desktop of
the Police station

14. General Diary Entry No. 11 – Page no. 35

03/01/2023
Brief - AMM & Vijay arrested in connection to CR NO. 17/2022 and
admitted to bail upon executing recognizance bond.
Entry by (Officer) – P. Gaikwad Rank – Inspector

15. Bail & Bond of the Accused – Page no. 36 – 39

03/01/2023
Bail executed on bond of 3000/- to government fund

16. Intimation Letter to the Hon’ble CMM – Page no. 40

 03/01/2023
Intimation of seizure of Digital devices in CR no 17/2022
4 laptops & 1 Mobile.

17. Application for Local Inspection u/s 347 BNSS – Page no. 41
06/01/2023
Local inspection with relation to YouTube: youtubemorphinglink.com
No objection from other side 10/01/2023

18. Order dated 10/01/2023 – Page no. 42

YouTube link can be considered as a place in term of S. 347 BNSS, 2021
Inspection to be carried out on 13/01/2023

19. Memorandum of Local Inspection – Page no. 43

13/01/2023 @ 16: 00 – 17: 15 hrs Criminal MA 4/2023
Accessed ‘youtubemorphinglink.com’ from Registrar Desktop.
- In the video a person is making sexually coloured remarks
about some lady college students. The video is 4 mins 19 sec.
- Reproduced the remarks A, B, C
- Video has total 506 comments out of which 36 are men rest
women.
- Video uploaded on 18/12/2022 by ‘Channel UserX’
- Memorandum by CMM, Bhoiwada, Mumbai

20. Intimation Letter to the Hon’ble CMM – Page no. 45

20/01/2019
To add charges in CR NO. 17/2022 of 109(2), 109(3), 109(4) against
accused persons AAM & Vijay
Copy of G.D & Issue Process Order Annexed Herewith.

General Diary Entry No. 44 – Page no. 46

20/01/2023 @ 07: 15 Hrs
Brief – Addition of sections 109(2), 109(3), 109(4) to CR no. 17/2022

Issue Process Order 02/05/2019 – Page no. 47

02/05/2019 (CC NO.5675/PW/2019)
U/s 420 r/w 34 IPC Against AAM

Issue Process Order 22/11/2021– Page no. 48

22/11/2021 CC NO. 5675/PW/2019
 u/s 116(2) r/w 3(6) BNS Against AAM

21.Chargesheet - Page no. 14

31/01/2023 @ 7:15 hrs (5:15 pm)
First Informant – Sumit Sharma (WhatsApp information received)
Accused – AMM & Vijay arrested on 03/01/2023 admitted bail on
execution of PR Bond 3000/- each.
Witness:
- Sumit Sharma (Victim)
- A. Pandey (Pancha 1)
- C Ramalingam Deceased (Pancha 2)
- P. Gaikwad (IO)
Outcome of Investigation: Similar to Facts
Document Relied on – NCRP report, FIR, Seizure Panchanama, S. 347
Local Inspection Memorandum.

22.Issue Process Order – Page no. 13

06/02/2023 CC NO. 456/PW/2023
Order by CMM Bhoiwada Court

23.Committal Order – Page no. 12

13/02/2023 CC NO. 456/PW/2023
(AAM) & Vijay in CR no. 17/2022
109(2), 109(3), and 109(4) BNS is exclusively triable by the sessions
court
Case to be presented before sessions court
Order by CMM Bhoiwada Court

24.Charge – Page no. 10

20/02/2023
Sessions Case no. 1/2023
Charges Levelled Against:
- (Arun, Abhay, Mahesh) & Vijay: 334(4), 3(6), 61, 109(3) BNS
- (Arun, Abhay, Mahesh): 109(3) BNS
- Vijay: 109(2) BNS
All the alleged accused plead Not Guilty