A marital dispute that spilled into the criminal courts over alleged sexually explicit Instagram conversations has ended in the acquittal of two men by the Ajman Federal Court of First Instance. At the centre of the case were disputed social media messages, allegations of a duplicate SIM card and questions over whether the digital evidence could reliably identify those responsible for the conversations.
The Third Misdemeanour Circuit found that the prosecution had failed to establish the defendants' involvement in the Instagram accounts or produce sufficient evidence to prove the charges. The ruling brought into focus a central issue in cases involving alleged online misconduct: whether the existence of digital conversations is enough to establish the identity and criminal responsibility of those accused.
The proceedings began after a Gulf national complained that his wife had exchanged sexually explicit messages with another man through Instagram. He alleged that the conversations were intended to promote vice, leading to criminal charges against the two defendants under Article 362(3) of Federal Decree-Law No. 31 of 2021.
Both men denied any connection with the disputed accounts during police questioning and subsequent Public Prosecution investigations.
A Marriage Dispute Behind the Allegations
The defence presented a different account of how the case had developed, arguing that the allegations had emerged against the background of an increasingly bitter marital dispute and ongoing divorce proceedings.
According to the lawyer representing the wife, her husband had obtained a duplicate SIM card associated with her telephone number and used it to download social media applications. The defence alleged that the disputed messages had subsequently been fabricated to create the impression that she had engaged in inappropriate online conversations.
It also argued that the husband had previously made similar accusations, but those proceedings had ended in acquittals because of a lack of credible evidence. The latest complaint, the defence maintained, was part of an attempt to weaken the wife's position in disputes concerning financial entitlements and child custody.
These allegations formed part of the defence case and were not, in themselves, findings established by the court.
Digital Trail Fails to Identify Account Holders
The most significant difficulty for the prosecution was the absence of conclusive technical evidence connecting either defendant to the Instagram accounts.
Investigations conducted through the relevant electronic crimes departments failed to establish who controlled the accounts from which the disputed conversations had allegedly originated. The inquiries did not produce definitive identification evidence capable of linking the defendants to the online exchanges.
The investigation also encountered difficulties in obtaining information directly from Instagram's operator, which is based outside the UAE. The authorities noted that access to the relevant account information could not be secured without a specific judicial order.
The defence separately questioned the reliability of a mobile phone submitted as evidence, arguing that investigators had not established that the device belonged to the wife. This raised further questions about the authenticity and provenance of the material relied upon to support the complaint.
Taken together, the shortcomings left the prosecution without a sufficiently established digital connection between the accused men and the alleged conversations.
Why the Court Gave the Accused the Benefit of Doubt
In assessing the case, the court found that the technical gaps and unresolved questions surrounding the Instagram accounts and electronic material prevented it from being satisfied that the defendants had committed the alleged offence.
The judgment reiterated an established principle of criminal justice: a conviction must be supported by reliable evidence and cannot rest on suspicion, assumptions or speculation. Where reasonable doubt remains about an accused person's involvement, that doubt must operate in their favour.
Finding that the alleged offence had not been established, the court acquitted both defendants under Article 211 of the Federal Criminal Procedure Law.
The decision was based on the failure to prove the charges to the required standard, rather than a determination of every allegation made by the parties during the wider marital dispute.
An Appeal Keeps the Case Open
The proceedings are not yet over. The Public Prosecution has appealed against the acquittal, while the defence has submitted further memoranda asking the appellate court to uphold the ruling.
The appeal remains under consideration, leaving the final outcome to be determined by the higher court.
Beyond the personal circumstances that brought the parties before the court, the case illustrates the evidentiary challenges that can arise when criminal allegations depend on social media conversations. Screenshots, telephone records and messages may form part of an investigation, but establishing who controlled an account, whether the material is authentic and how it was obtained can be equally important.
In an age when online communications increasingly feature in criminal complaints arising from personal relationships, the distinction between possessing digital material and proving its origin may ultimately determine whether an allegation can withstand judicial scrutiny.
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