Parthiv Rameshbhai Kapoor v. State of Gujarat
In the High Court of Gujarat
Crl. A. 19518/2014
Before Justice A J Desai
Decided on January 09, 2015

Relevancy of the case: Bail application in a case involving rape and capturing sexually explicit pictures of the victim

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67)
• The Indian Penal Code, 1860 (Section 376, 354B, 354D, 506)
• The Code of Criminal Procedure, 1973 (Section 439)

Relevant Facts of the Case

• The complainant lived in Ahmedabad, away from her family. Her family and the applicant were residents of Surendranagar. Gradually, the applicant started to build a relationship with the complainant and her family.
• One day, the applicant went to the complainant’s home in Ahmedabad and requested her to prepare some food. Meanwhile, he closed the doors of the house and raped her. He did not allow her to wear clothes the whole night and captured her nude photographs.
• He blackmailed the complainant with threats of attacking her younger sister to prevent her from registering a first information report.
• After one month, the applicant again went to the complainant’s home, but this time, she was able to resist his entry by raising her voice. After that, she lodged the first information report.

Prominent Arguments by the Advocates

• The complainant’s counsel submitted that the forensic science laboratory report proves that the photographs were captured from the applicant’s mobile phone.

Opinion of the Bench

• The bench relied on the materials on record and ruled that there is a prima facie case against the applicant.

Final Decision

• Application dismissed.