In a significant legal development, the Bombay High Court (HC) has ruled that using a late relative's SIM card is not a criminal offense. The decision comes after a first information report (FIR) was filed against a woman who had been accused of criminal breach of trust and deceit for using her deceased brother's SIM card.
The case stems from the passing of the woman's brother due to a COVID-related illness in April 2020. Several months later, in October 2020, his widow filed a complaint accusing her sister-in-law and another of cheating. She claimed that they had misused the SIM card together.
The primary allegation was the "illegal custody", use, and blocking of the postpaid SIM card before returning it to the complainant. The complainant had also accused the sister of selling movables and withholding income.
Vinay Nair, the defence attorney representing the accused, argued that the FIR should be dismissed due to a lack of evidence of the crime. Nair said that just using the SIM card is not an offence.
In response, the court provided a detailed analysis. The court declared that the FIR did not reveal any offence against the accused. Moreover, it emphasised that there was no evidence to suggest misuse of the SIM card.
The court's bench consisted of Justices Nitin Sambre and R. N. Laddha. They said that continuing criminal proceedings against the accused would be an abuse of the legal process. The court also found no evidence to support the llegations of selling movables and withholding income.
The High Court questioned the reason behind the complaint. It hinted at family conflicts as a possible reason. It appeared, prima facie, that the complainant had filed the criminal case against the accused due to family disputes.
Ultimately, the bench quashed the FIR and the charges against the petitioner. The court determined that the offences under Sections 406 and 420 of the Indian Penal Code (IPC) would not be fair.
Share
Tweet
