LAW OF CRIMES- II, CRIMINAL PROCEDURE CODE- I

PROJECT SUBMISSION
CHARGE SHEET U/S 173, CRPC

COGNIZABLE NON-BAILABLE OFFENCE UNDER SECTION 67B(E) OF INFORMATION

TECHNOLOGY ACT, 2000

SUBMITTED BY:
Name: Fagun Sahni PRN: 18010223079 Division: E Batch: 2018-2023

OF

Symbiosis Law School, Noida

Symbiosis International (Deemed) University, Pune

SUBMITTED UNDER THE GUIDANCE OF:

Dr. Madhuker Sharma Mr. Vikram Singh
Deputy Director and Assistant Professor Assistant Professor
Symbiosis Law School, Noida Symbiosis Law Schol, Noida
 FARD BAYAN

Fard Bayan of Mrs. Veena Kulshreshtha, aged 33 years, W/o Mr. Hriday Kulshreshtha,
Resident of Kothi No. 3194, Surya Enclave, Sector 62, Noida- 201309. Recorded by Sub-
Inspector Ms. Ishman Kaur, Police Station- Sector- 62 Noida, District- Gautam Buddha
Nagar, Uttar Pradesh 201309, on 04/09/2020 at Police Station, Sector 62, Noida- 201309, at
1450 hours (2:50 PM).

I am Dr. Veena Kulshreshtha, W/o Mr. Hriday Kulshreshtha, Resident of Kothi No. 3194,
Surya Enclave, Sector- 62, Noida. I am a summa cum laude graduate of AIIMS, Delhi and a
Cardiothoracic Surgeon at Fortis Hospital, Noida for over 8 years. I have been residing at my
place of residency for 5 years, which is since my marriage. For all this time, the Kothi right in
front of ours was occupied by Lt. Shri Ram Mangal, after whose demise approximately 3
months ago, his son Mr. Keshav Mangal has rented the property to a female by the name of
Nimisha Tandon aged approximately 35 years, Resident of Kothi No. 3807, Surya Nagar,
Sector- 62, Noida. She runs a pre-school institution cum Day care in the premises, commonly
referred as a ‘creche.’ This is an informal institution not registered or affiliated with any
governing authority and the source of income of Ms. Nimisha. Today, that is 04/09/2020, I
saw Ms. Nimisha from my second-floor balcony which has a very clear view of her kothi’s
Living area because of the glass windows that she was taking pictures of her students who
were not wearing any clothes. There was a total of 6 neighbourhood kids who were roaming
here and there, jumping around, sitting at different angles and Ms. Nimisha had a
professional looking camera and she was clicking pictures of the kids. I could not believe my
eyes and so I watched for at least 3-4 minutes after which I told my husband over a phone
call on whose advice I clicked a picture from my mobile phone of this activity capturing Ms.
Nimisha taking pictures and immediately rushed to the nearest Police Station to register my
complaint.

This statement which has been recorded by Police Officer has been read over to me. And I
have understood it and it has been recorded properly and correctly.

R.O.A.C

Sd/-

Dr. Veena Kulshreshtha

 FORM – IF1

FIRST INFORMATION REPORT

(Under Section 154 Cr.P.C)

1. Distt: Gautam Buddha Nagar P.S.: Sector 62, Noida Year: 2020 F.I.R. No.999
Date: 04/09/2020

2. (i) Act: Information Technology Act, 2000 *Section: 67B (e)

3.(a) Occurrence of Offence: * Day: Friday* *Date 04.09.2020* *Time 2:00 p.m. – 2:30
p.m.*
(b) Information received at P.S. *Date 04.09.2020* *Time 2:50 p.m.*
(c) General Diary Reference: Entry No. 46 at page no.73 *Time 2:50 p.m.*,

4. Type of information: Oral (By physically reporting at P.S.)

5. Place of occurrence:

(a) Direction and Distance from P.S.: North of the P.S. at about 2 Kms. Beat No.
12345
(b) * Address: Kothi No.3807, Surya Enclave, Sector-62, Noida.

6. Complainant’s information:

(a) Name: Dr. Veena Kulshreshtha

(b) Husband’s Name: Mr. Hriday Kulshreshtha
(c) Date / Year of Birth: 09.07.1987
(d) Nationality: Indian
(e) Passport No: N/A Date of Issue: N/A Place of Issue: N/A
(f) Occupation: Cardiothoracic Surgeon at Fortis Hospital, Noida
(g) Address: Kothi No. 3194, Surya Enclave, Sector 62, Noida- 201309.

7. Details of known accused with full particulars:

1. Ms. Nimisha Tandon, Self-Employed in Child Daycare

and is R/o Kothi No.3807 Surya Enclave, Sector 62, Noida- 201309.

8. Reasons for delay in reporting by the complainant / Informant: No Delay

9. Of properties stolen / involved: N/A

10. *Total value of the properties stole / involved: N/A

11. *Inquest Report /U.D. Case No., if any: N/A

12. F.I.R. Contents:

Dr. Veena Kulshreshtha, W/o Mr. Hriday Kulshreshtha, Resident of Kothi No. 3194, Surya
Enclave, Sector- 62, Noida is a summa cum laude graduate of AIIMS, Delhi and a
Cardiothoracic Surgeon at Fortis Hospital, Noida for over 8 years. She has been residing at
her place of residency for 5 years, which is since her marriage. For all this time, the Kothi
right in front of hers was occupied by Lt. Shri Ram Mangal, after whose demise
approximately 3 months ago, his son Mr. Keshav Mangal has rented the property to a female
by the name of Nimisha Tandon aged approximately 35 years, Resident of Kothi No. 3807,
Surya Nagar, Sector- 62, Noida. She runs a pre-school institution cum Day care in the
premises, commonly referred as a ‘creche.’ This is an informal institution not registered or
affiliated with any governing authority and the source of income of Ms. Nimisha. Today, that
is 04/09/2020, Dr. veena Kulshreshtha saw Ms. Nimisha from her second-floor balcony
which has a very clear view of her kothi’s Living area because of the glass windows, that she
was taking pictures of her students who were not wearing any clothes. There was a total of 6
neighbourhood kids who were roaming here and there, jumping around, sitting at different
angles and Ms. Nimisha had a professional looking camera and she was clicking pictures of
the kids. She could not believe her eyes and so she watched for at least 3-4 minutes after
which she told her husband over a phone call on whose advice Dr. Veena clicked a picture
from her mobile phone of this activity capturing Ms. Nimisha taking pictures and
immediately rushed to the nearest Police Station to register her complaint.

13. Action taken: Since the above report reveals commission of a Cognizable offence (s) u/s
67B (e) as mentioned at Item No. 2, registered the case and took up the investigation.

i) Registered the case and took up investigation

AND

ii) Immediately Reported to Kothi no. 3807, Surya Enclave, Sector- 62, Noida and found Ms.
Nimisha in the company of 6 minor children who were not wearing any piece of clothing

AND
iii) Made an Arrest of Ms. Nimisha Tandon, D/o Mr. Prabhav Tandon, R/o Kothi No.3807,
Surya Enclave, Sector- 62, Noida.

F.I.R. read over to the complainant / Informant, admitted being correctly recorded and copy
given to the Complainant / Informant free of cost.

R.O.A.C:

Dr. Veena K.
14. Signature of the complainant /informant

Sd/-

Signature of the Officer-in-charge, Police Station

Name: Ahsan Ali Khan

Rank: Inspector No. 8888888

15. Date & time of dispatch to the court: 05.09.2020 at 10:00 AM

 ARREST MEMO

PS: …Noida, Sector-62… DISTT: …Gautam Buddha Nagar… DATE: …

04/09/2020

1. NAME AND PARENTAGE Ms. Nimisha Tandon, D/o Prabhav Tandon

OF ARRESTEE
2. ADDRESS OF THE PERMANENT: #1760/2 Mall Road, Kanpur, U.P
ARRESTEE
CURRENT: Kothi No.3807 Surya Enclave, Sector 62, Noida
3. F.I.R. NO. 999 4/9

4. SECTION OF LAW SECTION- 67B(E)

5. PLACE OF ARREST Residence of Arrestee; #3807 Surya Enclave, Sector-62, Noida

6. DATE OF ARREST 04/09/2020, September 4, 2020

7. TIME OF ARREST 1535 hours, 3:35 PM

8. NAME AND RANK OF MS. Ishman Kaur, Sub-inspector

OFFICER MAKING ARREST
9. PERSON OF THE Mr. Prabhav Tandon S/o Lt. Sh. Anish Tandon, R/o #1760/2 Mall

ARRESTEE TO BE Road, Kanpur, U.P. (Father of the Arrestee)

INFORMED WITH ARREST
WITNESS:

 Dr. Veena Kulshreshtha W/o Mr. Nimisha Tandon

Hriday Kulshreshtha; R/o Kothi Signature of the Arrestee

No. 3194, Surya Enclave, Sector-

62, Noida
 Mr. Advitya Kashyap, S/o
Mr. Mohan Kashyap; R/o Mayank S Rajput
Signature of the Investigating Office
Kothi No. 3195, Surya
Enclave, Sector-62, Noida
DISTRICT: Gautam Buddha Nagar FIR NO.: 999 of 4/9/20

POLICE STATION: Sector- 62, Noida U/S: 67B(e) of IT Act, 2000

D ATE:
04/09/2020

SEARCH AND SEIZURE MEMO

In the presence of the following witnesses, the Search and Seizure of the Crime spot was
made, and the followings have been taken into Police possession through this Memo:

1. A Canon 1500D SLR Camera (Shade: Black)

2. SanDisk Extreme Pro 128 Gigabyte Memory Card
3. Dell Inspiron 5300N Laptop

Witnesses:

Sd/-
1. Mr. Advitya Kashyap, S/o Mr. Mohan Kashyap; R/o Kothi No. 3195, Surya Enclave,
Sector-62, Noida

Sd/-
2. Mrs. Bhawani Kashyap, W/o Mr. Advitya Kashyap; R/o Kothi No. 3195, Surya
Enclave, Sector-62, Noida

Sd/-
3. Mr. Rohan Bajpai, S/o Mr. Ronak Bajpai; R/o Kothi No. 3090, Surya Enclave,
Sector-62, Noida
Sd/-
Mayank Singh Rajput
Investigating Officer
Police Station Sector- 62, Noida
Gautam Buddha Nagar, U.P.
DISTRICT: Gautam Buddha Nagar FIR NO.: 999 of 4/9/20

POLICE STATION: Sector- 62, Noida U/S: 67B(e) of IT Act, 2000

D ATE:
05/09/2020

STATEMENT OF WITNESS U/S 161, CRIMINAL PROCEDURE CODE, 1973

NAME: Advitya Kashyap
FATHER’S NAME: Mohan Kashyap
AGE: 42
ADDRESS: Kothi No. 3195, Surya Enclave, Sector-62, Noida
OCCUPATION: Self-Employed H.R. Consultant

STATEMENT RECORDED

I am a self-employed H.R. Consultant for Technical firms and thus I do most of my work
from home. Around 2:15 p.m. on 4 September 2020 i.e. yesterday, my neighbour Dr. Veena
called my landline no. and asked me to move to my balcony alongside my family members.
Only my wife and I were at home so we rushed to our balcony under the assumption that Dr.
Veena or someone else could be hurt otherwise Dr. Veena would not have asked us to do so.
Upon reaching our balcony, Dr. Veena pointed us towards to Kothi right in front wherein I
clearly saw that Ms. Nimisha, who is our 12 year old daughter’s day care taker as she runs a
creche where many neighbouring kids go so it is supposed to be a good interactive and safe
space for all children to interact and learn, is clicking pictures from a camera of the children
who are not wearing any clothes. I was at my first-floor balcony and the street is not very
narrow or very broad, so it was abundantly clear that the kids were not wearing any clothes.
Dr. Veena told us that she is going to bring the police with her, and we are supposed to wait
downstairs and do not take any rash steps. Around 20 minutes later, a Police car came and
asked us to enter the premises of Ms. Nimisha’s house wherein we found that she was indeed
clicking pictures of the 6 neighbouring kids who were all not wearing any clothes. We urged
the police to make an arrest on the spot and the same was done. I was informed that I will
have to come to the police station the next day i.e. today to give my statement to which I
agreed and complied. The 6 neighbouring kids I identified were:
 Jyoti Kashyap, D/o Advitya Kashyap, Aged 12 years
 Mohini Bajpai, D/o Rohan Bajpai, Aged 6 years
 Mohan Bajpai, S/o Rohan Bajpai, Aged 6 years
 Ikshita Thakur, D/o Pulkit Thakur, Aged 11 years
 Alpita Srivastava, D/o Ranjan Srivastava, Aged 9 years
 Dilpreet Singh, S/o Gurpreet Singh Sodhi, Aged 5 years

Sd/-
Mayank Singh Rajput
Investigating Officer
Police Station Sector- 62, Noida
Gautam Buddha Nagar, U.P.
DISTRICT: Gautam Buddha Nagar FIR NO.: 999 of 4/9/20

POLICE STATION: Sector- 62, Noida U/S: 67B(e) of IT Act, 2000

D ATE:
05/09/2020

STATEMENT OF WITNESS U/S 161, CRIMINAL PROCEDURE CODE, 1973

NAME: Rohan Bajpai

FATHER’S NAME: Ronak Bajpai
AGE: 35 years
ADDRESS: Kothi No. 3090, Surya Enclave, Sector-62, Noida
OCCUPATION: Engineer

STATEMENT RECORDED

I am a Computer Engineer and the father of twins who go to a neighbouring creche run by
Ms. Nimisha alongside other children of the locality. On September 4, 2020 i.e. yesterday,
Mrs. Bajpai came to our house at around 2:45 and told me that police are on their way to the
creche because of something that has happened, she was not lucid as to what the scenario
was. Within minutes of reaching the premises, the police rushed to the creche and opened the
door. I was asked to enter with the police where I found that Ms. Nimisha was using a high-fi
camera to click pictures of all the kids and the kids were not wearing any clothes. I was
appalled to see that this was happening under my nose to my own kids, but it was a relief
seeing her being arrested by the police. I was asked to identify the kids and sign some papers
and was also asked to come in today, on September 5 to give a statement to which I obliged.
The following are the kids I recognized yesterday, i.e. 4 September:
 Mohini Bajpai, D/o Rohan Bajpai, Aged 6 years
 Mohan Bajpai, S/o Rohan Bajpai, Aged 6 years
 Jyoti Kashyap, D/o Advitya Kashyap, Aged 12 years
 Alpita Srivastava, D/o Ranjan Srivastava, Aged 9 years
 Dilpreet Singh, S/o Gurpreet Singh Sodhi, Aged 5 years
 Ikshita Thakur, D/o Pulkit Thakur, Aged 11 years

Sd/-
Mayank Singh Rajput
Investigating Officer
Police Station Sector- 62, Noida
Gautam Buddha Nagar, U.P.
 IN THE COURT OF SHRI VISHESH SHARMA

SESSION JUDGE, DISTRICT AND SESSIONS COURT,

GAUTAM BUDDHA NAGAR, UTTAR PRADESH

FIR No.: 999 4/9

Police Station: Sector- 62, Noida
Under Section: 67B(e), Information Technology Act, 2020

INDEX

SR. NO. PARTICULARS PAGES

1. Fard Bayan 1 page

2. First Information Report, u/s 154, CrPC 3 pages

3. Arrest Memo 1 page

4. Search and Seizure Memo 1 page

5. Statement of Witnesses u/s 161, CrPC 2 pages

6. Final Charge Sheet Report u/s 173, CrPC 3 pages

 FINAL FORM REPORT/ CHARGE SHEET REPORT
(Under section 173 Cr.P.C.)
IN THE COURT OF SHRI VISHESH SHARMA, SESSIONS JUDGE, DISTRICT AND SESSIONS
COURT, GAUTAM BUDDHA NAGAR, UTTAR PRADESH

1. District: - Gautam Buddha Nagar Police Station: - Sector- 62, Noida Year: - 2020
FIR No. 999 4/9 Date: - 04.09.2020

2. Final Report/ Charge sheet No: 666/2020

3. Dated: 09.09.2020

4. Act Section
Information and Technology Act, 2000 67B(e)

5. Type of Report: Charge Sheet

6. *If F.I.R unoccurred: false/ mistake of fact/ mistake of law/ non-cognizable/ civil
mature: NA

7. *Whether Charge sheet main/ supplementary: Main Charge sheet

8. Name of I.O.: Mayank Singh Rajput Rank: Police Inspector

9. Name & Parentage of complainant/ Informant: Dr. Veena Kulshreshtha

Father’s Name: Dr. Kamal Prakash Tripathi
Mother’s Name: Dr. Ruchika Tripathi
Spouse’s Name: Mr. Hriday Kulshreshtha

10. Details of properties/ articles/ documents recovered/ seized during investigation and
relied upon.
(separate list can be attached, if necessary)
S. Details of Estimated Property From whom/ Disposal
No. Property Value Register No. where seized/
recovered

AS PER SEIZURE MEMO

11. List of witnesses to be examined: -
a. Mr. Advitya Kashyap, S/o Mr. Mohan Kashyap; R/o Kothi No. 3195, Surya
Enclave, Sector-62, Noida (father of one of the children of Ms. Nimisha’s creche)
b. Mr. Rohan Bajpai, S/o Mr. Ronak Bajpai; R/o Kothi No. 3090, Surya Enclave,
Sector-62, Noida (father of two children (twins) of Ms. Nimisha’s creche).
12. List of Evidences submitted:
a. A Canon 1500D SLR Camera (Shade: Black)
b. SanDisk Extreme Pro 128 Gigabyte Memory Card
c. Dell Inspiron 5300N Laptop

13. Details of the accused persons charge-sheeted (use separate sheet for each accused)

ACCUSED 1

a) Name: Ms. Nimisha Tandon whether verified: Yes

b) Father’s Name/ Husband’s Name: Mr. Prabhav Tandon
c) Date of birth: 03.02.1985
d) Sex: Female
e) Nationality: Indian
f) Passport No …NA... Date of issue …NA…
Place of issue …NA…
g) Religion: Hindu
h) Occupation: Self Employed in Children Daycare
i) Address: Kothi No.3807 Surya Enclave, Sector 62, Noida
j) Provisional Crime No. X-007
k) Permanent Crime No. Not Known
l) Date of Arrest: 04.09.20
m) Date of release on Bail: Not released on bail
n) Date of forwarding to Court: 05.09.2020
o) Act & under section: Section 67B(e) of Information Technology Act, 2000
p) Name and Address of Surety: NA
q) Status of Accused: In Police Custody as per Magisterial Orders

14. Particulars of accused persons not charge-sheeted (Suspect): NA

15. If F.R. is false indicate action taken or proposed to be taken u/s 182/211 IPC: NA

16. Result of laboratory Analysis: Obtained

17. Brief facts of the case:

Ms. Ishman Kaur, sub-inspector recorded the General Diary Entry and Fard Bayan of the
complainant Dr. Veena Kulshreshtha on 4.09.20 at 2:40 in the afternoon pertaining to an
offence which took place across the street from her house. The accused, Ms. Nimisha Tandon
runs a creche and day care service and she was seen by Dr. Veena Kulshreshtha as well as
Mr. Advitya Kashyap to click pictures of the children at her day care home and the children
were not wearing any piece of clothing at all. The complainant saw this taking place from her
first-floor balcony and called Mr. Advitya Kashyap up on the roof as well. Following this,
she visited the PS premises of Sector- 62, Noida Police Station and asked police escort to the
spot where the crime took place. A cognizable offence u/s 67B(e) of Information Technology
Act, 2000 is prima facie made out and accused has been charged under the same herewith.

18. Brief procedure of Investigation followed by the Investigating Officer:

The Information pertaining to commission of a cognizable u/s 67B(e) of Information
Technology Act, 2000 was received from the complainant in oral form after she visited the
PS premises. The complainant asked for immediate response as she claimed the offence was
still taking place. As per protocol, a female police officer accompanied the SHO and the
inspector to the spot of the crime. 3 witnesses were available who were asked to present in an
unbiased manner their opinion of the circumstance. Since the accused Ms. Nimisha Tandon
was caught in the act of clicking pictures of 6 minor children who were not wearing any piece
of clothing at all, an arrest was made on spot of the accused Ms. Nimisha in the presence of
the witnesses.
Further, a search and seizure procured a total of 3 devices, that too in presence of the
witnesses, namely a professional camera, a memory card, and a laptop. Forensics revealed
that the camera was used by Ms. Nimisha by means of fingerprint profiling and was used to
click the pictures which were stored in the memory card as well as the laptop. A total of 17
Gigabytes of pictures were found (2.3 GB in the memory card and roughly 14.7 GB in the
laptop) wherein the pictures were of children not wearing any piece of clothing. The said
pictures were of 17 distinct children, out of which 6 children were the ones identified by the
witnesses as children from their neighbourhood and 11 children are yet to be identified.
Lastly, the accused was presented before the magistrate on 5.09.20 at 10 am, wherein she was
refused bail.

19. Dispatched on: 09.09.2020

Sd/-
Signature of I.O. submitting the Final
Report of Charge Sheet.
Attestation
Name: Mayank Singh Rajput
stamp Rank: I.O. No. D-293

Sd/-
Signature of Officer-in-Charge of
Sector- 62, Noida Police Station
Name: Mr. Ahsan Ali Khan
No. F-761

Sd/-
Forwarded by the DSP
Mr. Vidit Gujrathi