Biju Karnan v. State of Kerala
In the High Court of Kerala
Crl. M.C. No. 8348/2019 (C)
Before Justice Alexander Thomas
Decided on December 18, 2019

Relevancy of the case: Quashing of proceedings in a case involving honeytrap and rape allegations

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66E)
• The Indian Penal Code, 1860 (Section 376(2)(n), 384, 388, 34)

Relevant Facts of the Case

• The complainant got acquainted with the petitioner via social media. After some time, they met in a hotel room at the complainant’s request but did not indulge in any physical activity.
• The complainant then texted the petitioner that she had recorded their video and threatened him to pay a certain amount or she would release the video.
• The petitioner paid the amount, but then the complainant kept on asking for more money. Frustrated by the threats, the petitioner filed a complaint.
• Later, the complainant also accused the petitioner of having sexual intercourse with her on the pretence of marriage, thus leading to her alleged pregnancy.
• She also alleges that the petitioner recorded the act on his phone.

Prominent arguments made by Advocates

• The petitioner’s counsel referred to the complainant’s mobile conversations and messenger chats and submitted that the de facto complainant is misusing the law as there is no case against the petitioner.
• The counsel also submits that the complaint of sexual assault was only registered six months after the petitioner met the complainant. The doctors additionally say that the complainant had been pregnant after two months of the said meeting.

Opinion of the Bench

• The court directed the investigating authority to conduct an extensive investigation into both matters without any delay.
• The preferred time limit for the investigation was given as 3-4 months.

Final Decision

• The appeal was disposed of.