Adv Sanjeev Sirohi
New Delhi, Aug 02, KDC: The Delhi High Court has declared that cyberbullying — though faceless and silent — can be as mentally traumatic and scarring as physical assault, particularly when directed at children. The observation came as the Court dismissed an appeal and upheld the conviction of a man accused of sending morphed nude images and threatening messages to a Class IX girl.
The judgment was delivered by Justice Swarana Kanta Sharma in the case Rajesh Gambhir vs State GNCT of Delhi and Another, where the appellant was sentenced to five years of rigorous imprisonment under various provisions of the IPC, POCSO Act, and Information Technology Act, reported Srinagar based news agency Kashmir Dot Com.
The case stems from a 2016 FIR lodged by the victim’s mother, who alleged that her daughter received obscene WhatsApp messages and morphed images from an unknown number. Investigation revealed that the accused, Rajesh Gambhir, had used multiple SIM cards and devices to hide his identity but was eventually traced through technical surveillance. The police recovered a phone containing the obscene images from his shop, leading to his arrest.
The Court described the case as a “textbook example of cyberbullying” and underscored that crimes committed in digital spaces should be treated with the same seriousness as those in physical spaces.
“An act like this would shatter a child’s sense of safety, personal security, and dignity, possibly for years to come,” Justice Sharma observed, rejecting the plea for leniency and highlighting the long-lasting psychological impact such crimes have on minors.
The Court emphasized the need to create safe digital environments for children, especially in the post-pandemic era where access to digital learning tools has become widespread. It noted that threats extended in cyberspace are equally damaging and should never be underestimated.
“The trauma from virtual abuse lingers as strongly, if not more so, because of its repetitive and invasive nature,” the Court said, asserting that crimes against children in cyberspace must carry strict consequences.
With this judgment, the Delhi High Court reaffirmed its commitment to upholding child safety and ensuring that the justice system evolves to tackle emerging challenges in the digital age.
