A Surat District Court delivered a significant verdict on Thursday, acquitting a man of rape charges but convicting him under the Information Technology Act. The court sentenced him to three years in jail for sending private photos to a woman's husband, an act that ultimately caused the breakdown of her marriage.
Court Details the Case Background
According to the prosecution, the accused and the complainant had been in a consensual relationship before their respective marriages in 2018. Both families opposed their union, leading them to marry other partners. After these marriages, the accused pressured the woman to resume their relationship. When she refused, he sent intimate photos and videos to her husband, which severely disrupted their marital life and resulted in separation.
Legal Proceedings and Charges
The 24-year-old woman filed a police complaint in October 2018, alleging rape under IPC Section 376(2)(n) and hurt by poison under Section 328, along with charges under IT Act Section 66(e) for transmitting private images. She claimed the accused had taken her to a hotel in Surat, spiked her drink, raped her, and photographed the incident, later using the photos to threaten her into continuing the relationship.
Police arrested the accused on October 3, 2018, and he was held in judicial custody at Surat Central Jail before being granted bail on October 31, 2018. The prosecution submitted a chargesheet with 18 witnesses and 21 pieces of documentary evidence to the court of Additional Session Judge H M Vyas.
Court's Ruling and Reasoning
In its order, the court found that the physical relationship between the accused and the complainant was consensual, as they had taken photos together in a hotel room with mutual consent. This led to the acquittal on rape charges. However, the court convicted the accused under IT Act Section 66(e) for intentionally transmitting private images, emphasizing that this action directly contributed to the marital separation.
Defense lawyer stated that the court accepted their argument about the consensual nature of the affair. The Assistant Public Prosecutor indicated they would review the order to decide on further legal steps.
Impact on the Victim's Life
The incident had profound consequences for the woman. After the photos were sent to her husband on July 23, 2018, a quarrel ensued, and her marriage ended in separation. She subsequently moved back to live with her parents and pursued legal action against the accused.
This case highlights the serious repercussions of misusing digital media to harm personal relationships, underscoring the importance of legal protections under the IT Act in such scenarios.
