Nainital Court Delivers Harsh Sentence in Fraud and Cyber Harassment Case
In a significant ruling from Dehradun, the Nainital chief judicial magistrate court has imposed severe penalties on two brothers and their accomplices for a multi-faceted crime involving fraud and online harassment. The court sentenced brothers Saurabh and Gaurav Gupta to seven years of imprisonment for defrauding a woman by falsely promising to sell her property and later circulating her private pictures on social media, coupled with abusive threats in 2019.
Details of the Fraudulent Scheme
According to the prosecution, the Gupta brothers entered into a contract with the victim to sell her a house for Rs 40 lakh. They received an advance payment of Rs 35 lakh but failed to execute the sale deed as agreed. When the woman demanded her money back, the brothers issued six cheques of Rs 5 lakh each, all of which bounced due to insufficient funds. This prompted the victim to file a formal case against them, setting off a chain of retaliatory actions.
Escalation to Online Harassment and Intimidation
Upon learning about the registered case, the Gupta brothers escalated their misconduct by threatening the woman with death and circulating her personal pictures online in an objectionable manner. The prosecution detailed that Saurabh and Gaurav, along with an accomplice named Shatrughan Pandey, used these tactics to intimidate the victim and pressure her into withdrawing the legal proceedings. Additionally, another accused, Lalit Mohan Pandey, created a WhatsApp group where he added the victim's friend, Sandeep Kuksal. In this group, individuals including Leeladhar Kandpal, Mukesh Chandra Bhatt, Saurabh Gupta, and Shatrughan Pandey made obscene comments against the woman, with chat records presented as key evidence in court.
Court's Findings and Legal Charges
After thoroughly reviewing the facts and evidence, and hearing arguments from both sides, the court concluded that the Gupta brothers had no genuine intention of selling the house from the outset and were solely focused on swindling the victim. The court found the brothers guilty under multiple sections of the Indian Penal Code (IPC):
- Section 420 for cheating
- Section 506 for criminal intimidation
- Section 509 for intentional insult to a woman
Other accused faced convictions as well: Lalit Mohan Pandey, Leeladhar Kandpal, and Mukesh Chandra Bhatt were found guilty under IPC Section 509, while Shatrughan Pandey was convicted under Section 509 of the IPC and sections 66 and 67 of the Information Technology Act, which address computer-related offenses and publishing obscene material.
Sentences and Fines Imposed
The court handed down the following sentences and fines:
- Saurabh and Gaurav Gupta: Seven years of imprisonment and a fine of Rs 85,000 each.
- Shatrughan Pandey: Three years in jail and a fine of Rs 1.6 lakh.
- Lalit Mohan Pandey, Leeladhar Kandpal, and Mukesh Chandra Bhatt: Three years in jail and a fine of Rs 10,000 each.
This case highlights the judiciary's firm stance against combining financial fraud with cyber harassment, serving as a warning to potential offenders in Uttarakhand and beyond.
