Inayat Abdul Majid Hurjuk v. State of Maharashtra
In the High Court of Bombay
B.A. 129/2017
Before Justice Mridula Bhatkar
Decided on February 06, 2017

Relevancy of the case: Bail application in a case involving allegations of rape, recording of the act, blackmailing, and forced termination of pregnancy

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67)
• The Indian Penal Code, 1860 (Section 376(2)(n), 328, 313, 506)

Relevant Facts of the Case

• In November 2014, the accused administered a stupefying drug to the complainant. Later on, he had sexual intercourse with her without her consent and he also recorded a video of this incident.
• He started blackmailing the complainant using this video clip. He threatened that he would upload this video if she did not fulfil his demands.
• The accused also forced her to terminate pregnancy in April 2015, and she subsequently filed the complaint.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that no evidence is provided to prove rape, and no video clips have been submitted. Further, there was an unreasonable delay of 1.5 years in filing the complaint.
• The respondent’s counsel submitted that evidence of the report of medical termination of pregnancy, and of registration at the Hotel is provided.

Opinion of the Bench

• The court noted that the complainant was a major in 2014. Further, there is no evidence on record to show that the accused has blackmailed her and she surrendered to his sexual demands without her consent.

Final Decision

• Application allowed.
• Bail granted with conditions.

This case summary has been prepared by Shubhangi Gehlot, an undergraduate student at Law Faculty, Maharaja Sayajirao University of Baroda, during her internship with The Cyber Blog India in May/June 2021.