The Surat District Court Thursday acquitted a man of rape charges and convicted him under Section 66(e) of the IT Act and sentenced him to three years in jail.
According to the prosecution case, the accused sent their private photos to her husband, weeks after her marriage, leading to the marriage ending in separation.
In the order, the court said: “The accused and victim were living in the same area and had a friendly relationship with each other’s families. The complainant and the accused were in a love affair. The repeated physical relationship between them in the hotel room was consensual. With their consent, they had taken their photos in their mobile phones in the hotel room. Their family members were against such a relationship. As a result, the complainant got married to another person and the accused got married to another person in 2018.”
The court said: “After their marriage with different partners in 2018, the accused demanded the woman to continue their relationship, but she refused. The accused then sent personal photos and videos of them to her husband, which disturbed their married life and resulted in separation.”
The 24-year-old woman had lodged a police complaint against the man under IPC Sections 376(2)(n) (rape committed repeatedly on the same person ) and 328 (causing hurt by means of poison) and IT Act Section 66(e) (intentional capture, publication, or transmission of an image of someone’s private area) in October 2018.
In the complaint, the woman said that the accused had taken her to a hotel in Surat some time ago, where he allegedly spiked her drink, raped her and took photos. The accused allegedly threatened her with the photos and continued a physical relationship with her. Their parents, however, were their relationship. The complainant got married on July 1, 2018, while the accused got married on July 15, 2018. Later, the accused called her and demanded that she continue the relationship with him, but she refused. The accused then sent their photos to her husband’s mobile phone on July 23, 2018. The complainant had a quarrel over the issue with her husband, and later their marriage ended in separation, the complaint said. She started staying with her parents and later lodged a police complaint against the accused.
Police arrested the accused on October 3, 2018 and he was sent to judicial custody at Surat Central Jail. The accused was granted bail on October 31, 2018.
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Police had submitted a chargesheet in the court of 6th Additional Session Judge H M Vyas, with 18 witnesses and 21 pieces of documentary evidence. On Thursday, the Additional Session Judge H M Vyas convicted the accused under IT Act Sections 66 (e) and acquitted him on the rape charges.
Talking to The Indian Express, the defense lawyer said, “The court had accepted our argument that both of them were in an affair and they had consensual sex in the hotel room. They wanted to get married, but their parents were against it.”
The Assistant Public Prosecutor said they will study the court order and decide the future course of action.
Kamal Saiyed is a senior Correspondent for The Indian Express, providing extensive, on-the-ground coverage from Surat and the broader South Gujarat region and the Union territories of Daman, Diu & Dadra Nagar Haveli. With a reporting career at the publication spanning back to 2007, he has established himself as a high-authority voice on the industrial, social, and political pulse of one of India’s fastest-growing urban hubs.
Expertise
Industrial & Economic Beat: Based in the "Diamond City," Saiyed offers expert reporting on the diamond and textile industries. His work tracks global market shifts (such as De Beers production changes), local trade policies, and the socio-economic challenges facing the millions of workers in Surat’s manufacturing hubs.
Civic & Infrastructure Coverage: He consistently reports on urban development and public safety in Surat, including:
Traffic & Urban Planning: Monitoring the city's 13-fold increase in traffic violations and the implementation of new municipal drives.
Public Safety: Investigative reporting on infrastructure failures, fire safety NOC compliance in schools and commercial buildings, and Metro rail progress.
Political Reporting: Tracking the shifting dynamics between the BJP, Congress, and AAP in South Gujarat and the neighboring Union Territories (Daman, Diu, and Dadra & Nagar Haveli).
Crime beat: Armed with a good source network Saiyed has been able to bring out the human side of crime stories in his region ... Read More
