Rihan v. State of Uttarakhand
In the High Court of Uttarakhand
Crl. App. 331/2012
Before Justice Servesh Kumar Gupta
Decided on April 07, 2014
Relevancy of the case: Appeal challenging the conviction in a case involving kidnapping, sexual abuse, and distribution of pictures/videos of the incident.
Statutes and Provisions Involved
- The Information Technology Act, 2000 (Section 67)
- The Code of Criminal Procedure, 1973 (Section 164, 313)
- The Indian Penal Code, 1860 (Section 361, 363, 366, 375, 376,504, 506, 509)
- Indecent Representation of Women (Prohibition) Act, 1986 (Section 4, 6)
Relevant Facts of the Case
- The accused, residing in the close vicinity of the victim, started chasing and persuading her in an unwanted manner.
- With the intention to use and exploit her sexually, he convinced her that if she spared some moments to talk to him, she will never be chased thereafter. In order to get rid of him, she believed the said assurance of the accused. He further took her to a hotel where he had already hired a room with pre-arranged cold drink and pastry.
- In the hotel, he offered a pastry and some drink having stupefying and unwholesome substance. The victim consumed the same and became unconscious. He overpowered her forcing her to put off her clothes and sexually abused her while making a video clip of the act. She was permitted to leave for her house only after the sexual intercourse.
- He further threatened her not to disclose the incident to anyone. This threat kept her from disclosing the incident to anyone.
- She was again enticed away and was taken to a hotel where she was kept overnight and was sexually abused. Her father lodged the FIR after receiving the information that his daughter had been kidnapped forcibly. Police came into motion and linking the clues, arrested the accused.
- Meanwhile, they got the information from sundry sources that the accused had started circulating obscene pictures of the victim by sending MMS, to which the victim’s father lodged another complaint.
- When the victim awaited justice at the hands of the police, a third incident took place. When the victim was going along with her mother, the accused came from behind, threatening and verbally harassing her as well as her mother. He threatened to kill her and her father if they press legal action against him either by the police or in Court.
Prominent Arguments by the Advocates
- The petitioner’s counsel argued that the victim was above 18 years of age and it had been disclosed by the doctor on the basis of her ossification test. He further submitted that the sexual act was done with the victim’s consent.
Opinion of the Bench
- The Court felt that the credibility of the witnesses was not shaken and the long cross-examination at the hands of the defence counsel could not elicit any answer that could create any doubt in the story of the prosecution.
- The appeal was dismissed.
This case summary has been prepared by Ria Verma, an undergraduate student at Symbiosis Law School, Noida, during her internship with The Cyber Blog India in January/February 2021.