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Dedhia further submitted that the accused had taken nude photographs of the victim while she was taking a bath, and based on those photographs, he pressured the victim to submit to his demands for sexual favours. Furthermore, he added that the victim was threatened with making the photographs viral, and under these threats, she was compelled to prepare her nude videos.
The Bombay High Court recently granted bail to a man who was booked in a rape case for allegedly sending nude videos to the victim’s relatives.
The single-judge bench of Justice GA Sanap was hearing a bail application filed by the man, who was booked under Sections 376(2)(n), 354-A, 354-D, and 376 of the Indian Penal Code, 1860, and Section 67(A) of the Information Technology Act, 2000
Advocate Khalid Azmi, appearing for the applicant, contended that the man had been behind bars for 2 years, and there was no progress in the trial. He added that the man was falsely implicated in the case.
Azmi further submitted that, to date, the report of the analysis of the mobile data of the accused has not been received. Further, he emphasized that the mobile phones of the victim and her relatives have not been seized and sent for analysis
Additional Public Prosecutor HJ Dedhia submitted that despite four reminders to FSL, Kalina, the analysis of the mobile data has not been done.
Dedhia further submitted that the accused had taken nude photographs of the victim while she was taking a bath, and based on those photographs, he pressured the victim to submit to his demands for sexual favours.
Furthermore, he added that the victim was threatened with making the photographs viral, and under these threats, she was compelled to prepare her nude videos.
Dedhia informed the bench that, to compel the victim to have a sexual relationship with him, the videos were circulated to her relatives
The high court stated that, in the absence of the FSL report, it would not be possible for the Trial Judge to commence the trial, and the accused could not be held responsible for this.
In its order granting bail to the accused, the high court noted that the victim had been residing with the complainant all along and had not made any complaints before
“The victim, on the date of the incident was 23 years old. She has two children. The accused on the date of the incident was 24 years old. It is the case of the prosecution that from May-2021 to July-2021 the victim was blackmailed and subjected to sexual assault by the accused. The victim all along was residing with her husband. She did not make any complaint to her husband. The relatives of the victim, to whom allegedly the obscene videos were forwarded have stated that they have deleted the videos received from the accused,” the order states.
Case title: Abubakar Aurangjeb Shaikh vs State of Maharashtra
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