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A magistrate court recently granted bail to a 23-year-old man accused of making an online rape threat against a cricketer’s 10-month-old daughter, writing in its detailed order that the accused is of tender age, has a bright academic record and future prospects, and that the prayer (for bail) cannot be denied simply because the matter involves a respectable Indian cricket team member.
The youth’s lawyer, Abhijeet Desai, contended that the post could not be examined in isolation because it was made while responding to other posts. In his order, Magistrate Komalsing Rajput stated, “If we perused the record and considered the remarks posted the phraseology used in its natural course, it appears that it is made in the context of other posts and may not be directly addressed to the cricketer or this family, even though it may have been read or received by them because social media accounts are interconnected.” The court stated that this feature cannot be overlooked for the limited purpose of bail.
The court stated that a clear reading of the terms of the Information Technology Act, under which Ramnagesh Akubathini is charged, demonstrates that there should be publishing or transferring of material showing children in sexually explicit acts. He has not sent or published any content that depicts a youngster engaging in sexually explicit behavior. “As a result, there is some dispute as to whether any of these offences are made out or not?” said the magistrate