HC refuses to release youth who posted minor’s nude pics

Source:- indiatimes.com

MUMBAI: The Bombay high court refused to release a Bhiwandi youth, who allegedly stalked a minor, raped her under threats and then circulated her nude photos on social media. Justice Sadhana Jadhav dismissed the bail application of Sujit Patil, who was arrested in August 2016. He was booked for stalking, rape and under special laws like Protection of Children from Sexual Offences Act and Information Technology Act. Patil’s lawyers claimed he was in love with the girl and provisions of the IT Act that dealt with sending obscene images were bailable.

But the HC pointed to his crime’s social ramifications. “It cannot be digested that Patil, who was allegedly in love with the victim, had taken her to hotels, under the pretext of love and had taken her nude photographs and circulated them on social media. It is not only breach of trust as far as the victim is concerned but such offences have larger ramifications and it shocks the court’s conscience. The messages that are authored by him are not only obscene but are lewd, tarnishing her and her entire family’s very dignity and honour,” said Justice Jadhav.

The court said the girl was below 18 at the time of the incident and therefore supposed consent was immaterial. The judge said police should also have booked Patil for criminal intimidation. “This is a case where the accused has caused injury to the reputation of the victim. At the threshold he had threatened the victim to surrender to his sexual desire and, therefore, he does not deserve to be enlarged on bail,” added the judge.

Patil and the girl were residents of Bhiwandi. According to the girl, when she was in Std X, Patil would stalk her. He sexually assaulted her in 2013. Subsequently, threatening to reveal the incident to her parents, he would take her to hotels and rape her. Her sent her friends and relatives her nude photos on WhatsApp in 2016. The images were also uploaded on social media. The girl then lodged a police complaint.