Hitesh Ramesh Parate v. State of Maharashtra
In the High Court of Bombay
B.A. 3355/2019
Before Justice Prakash D. Naik
Decided on December 21, 2020

Relevancy of the case: Bail application in a case involving allegations of sexual abuse, unnatural sex, recording of the act, and blackmailing against the husband

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66E)
• The Indian Penal Code, 1860 (Section 376 (d), 377, 120B, 34)

Relevant Facts of the Case

• The applicant, the husband, and the respondent, his wife, resided separately in Borivali. She alleged that one day, a couple came to the house with her husband while they were drunk. The man, a friend of the applicant, sexually assaulted her while the husband took a video of the same.
• Thereafter, the applicant called the friend to have sexual intercourse with the complainant. He threatened to leak the video if she refused.
• The complainant alleges that her husband committed unnatural sex and sexually abused her. He also created a fake WhatsApp and Facebook account. He first uploaded an objectionable photo and then deleted it.

Prominent Arguments by the Advocates

• The applicant’s counsel argued that the FIR was filed inordinately late. Further, the complainant only vaguely identified the appellant.
• The respondent’s counsel submitted that the applicant sexually abused the complainant and recorded the objectionable video. The investigation has identified him, and the video recording is attributed to him.

Opinion of the Bench

• There is no explanation for the delay in filing the FIR. Although the police have identified the applicant, his involvement is still unclear.
• One witness testified that the applicant offered him to watch a video of him and his wife, the complainant, having a sexual relationship. In the video, both the parties were smiling. Hence, Section 376 appears to be inapplicable.

Final Decision

• The bench granted bail to the applicant.