ESRAR NAZRUL AHEMAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is accused of the offence punishable under Sec. 67A of the Information Technology Act, 2000 (for short, "the I.T.Act") and under Sec. 354 of the Indian Penal Code in C.R.No.242 of 2022 registered with Kashimira Police Station, Mira Road, Thane, on 13/04/2022.

(2.) Heard the learned counsel for the applicant and the learned A.P.P.

(3.) The C.R. is registered at the instance of the complainant, aged 44 years, who has alleged in her complaint that she was married and having two children. She was introduced to the present applicant as he was friend of her husband. In short span of time, they developed intimacy, which made them indulge into physical act. She categorically admitted in her complaint that sexual relationship was established by her consent. While in the relationship, the applicant requested the complainant to share her nude video and though she was initially hesitant, on a promise that after watching the video, he will immediately delete it, she has forwarded it on his WhatsApp. The applicant assured her that the video was deleted.