Chennai: In a relief to the city-based orthopaedician sentenced to life in a 'cyber porn' case, the Madras High Court has modified the sentence imposed on him by a lower court to be set off against the period of imprisonment he has already undergone.
While confirming the conviction imposed on him by the lower court and partly allowing the appeal of the doctor L Prakash, who has spend over 13 years in jail, a division bench made it clear that "only upon the payment of fine amount, the appellant is directed to be released forthwith from prison, unless his presence is required in connection with any other case."
A division bench, comprising justices S Tamilvanan and C.T. Selvam, yesterday passed orders on the appeal filed by Prakash against the order of a Fast Track Court Additional Sessions Judge on February 6,2008.
"The appellant has already undergone more than 13 years and 3 months of the sentence on the date of arguments, including the default sentences for the non-payment of fine amounts..."
"..In the result, the criminal appeal is partly allowed and accordingly, the conviction imposed on the appellant for the aforesaid offences by the Additional Sessions Judge/Fast Track Court No.V, Chennai, made in is confirmed. However, the sentence of imprisonment is modified," the bench said.
The Fast Track Court had sentenced Prakash, who was arrested in 2001 for allegedly making porn films and selling them abroad, to life for offences under Information Technology Act, Immoral Traffic (Prevention) Act and Indecent Representation of Women (Prohibition) Act for uploading obscene pictures of women on Internet.
The case is believed to be the first to be registered under the IT Act.
Confirming the conviction imposed by the lower court, the cour partly allowed the appeal and said, "The appellant has been a specialist doctor and not a poor person, incapable to pay fine amount. Hence, no leniency is required to be shown in favour of the appellant in respect of the fine amount."
The court directed him to pay the fine of Rs.1,19,000 within eight weeks from the date of receipt of a copy of the order, "failing which, he shall undergo the default sentence as imposed in the impugned judgement."
"It is made clear that only upon the payment of fine amount, the appellant is directed to be released forthwith from the prison, unless his presence is required in connection with any other case," the bench said.
Prakash, against whom another case under Narcotic Drugs and Psychotropic Substances Act, was slapped, has already secured acquittal in the case from the High Court.
