JAVED-UR-REHMAN vs State Criminal Procedure Code (Cr — 2011 PCrLJ 1868 ISLAMABAD

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JAVED-UR-REHMAN VS State Criminal Procedure Code (Cr.P.C) 1898--497 , Electronic Transactions Ordinance 2002--36 , Electronic Transactions Ordinance 2002--37 , Further Inquiry--TERM , S. 497(2)---prevention of electronic Crimes Ordinance (VIII of2009), Ss.7, 8, 9, 15, 19 & 20---electronic fraud and forgery, misuse ofelectronic system or electronic device, shamming, abet, aid and or attempt to commit offence etc., violation of privacy of information and damage to information system etc.---Bail, grant of---Further inquiry---No case under prevention of electronic Crimes Ordinance, 2009 or electronic Transactions Ordinance, 2002, was made out---Allegation against accused was that an e-mail message was sent to the complainant that he had won lottery and on the basis of a fake letter to pay 7.5% of the total amount of lottery---Complainant accordingly transferred certain amounts and an agreement between complainant and two other accused was executed---Even, if that allegation was accepted, that would not mean that accused had made illegal access to documents, record or had destroyed the information system of any service provider---Alleged offence, did not relate to telecommunication laws; it could be said that it was a case of simple fraud and misrepresentation---Accused had not been charged under the relevant sections oflaws---Even under the alleged sections of laws, the whole amount was not sent to accused and allegation that the amount was actually sent under misconception, would require evidence---Case of accused, in circumstances, was one of further inquiry---Accused was released on bail, in circumstances.

JAVED-UR-REHMAN vs State Criminal Procedure Code (Cr — 2011 PCrLJ 1868 ISLAMABAD

Case information

Judgment text as reported