Family members of YouTuber Roshan Pokharel have filed an appeal with the Biratnagar, Ilam bench of the High Court, saying that his arrest and chargesheet are unjustified.
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A cybercrime case has been filed against a YouTuber from Panchthar on charges of broadcasting obscene and abusive content on social media targeting Prime Minister Balendra Shah and his family.
The District Government Attorney's Office, Panchthar, has filed a chargesheet against 24-year-old Roshan Pokharel of Falgunanda Rural Municipality-7 in the District Court, Panchthar under the Electronic Transactions Act, 2063. According to police investigation, Pokharel had broadcast content that was defamatory of the Prime Minister and his family on various social media.
During the investigation, Pokharel admitted that he had been operating Facebook, TikTok, Instagram and YouTube under the name Heads Jungle. The chargesheet states that he admitted in his statement that he had used obscene words to abuse the Prime Minister with the aim of increasing likes, comments and reach on those platforms.
He has also made videos mocking and insulting other political leaders and has made such an act out of impulse despite knowing that making such material public is against the law.
The police have seized a mobile phone and SIM card from Pokharel during the search and sent them to the Digital Forensic Laboratory of the Police Headquarters for testing.
The charge sheet filed by Assistant District Attorney Avar Maden has demanded punishment under Section 47 (1) of the Electronic Transactions Act. According to the said provision, if the offense is proven, a fine of up to one lakh rupees, imprisonment for up to five years, or both can be imposed.
The charge sheet has also demanded the court to confiscate the mobile phone used in the crime, as well as to pay appropriate compensation to the Victim Relief Fund based on the damage caused to the victim's reputation and social loss.
Pokharel has been sent to Panchthar Jail after the case was registered. Pokharel was arrested by the police on March 26 for allegedly including obscene material in the video. He was released on the same day of his arrest on the condition that he appear before the court on June 18, but was sent to prison as per the court order after the charge sheet was filed.
Family members have appealed to the Biratnagar, Ilam Bench of the High Court, saying that his arrest and charge sheet were not justified.
