VIJAY KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) The learned Additional Sessions Judge, Fast Track Court, Shimla, H.P., though, acquitted the accused for the charges framed under Section 376 of the IPC, and, vis-a-vis, the charge framed, under, Section 67 of the Information Technology Act, 2000. However, he convicted the accused/appellant herein, for, commission, of, an offence punishable, under, Section 6 of the Indecent Representation of Women (Prohibition) Act, 1986, and, also sentenced him to undergo rigorous imprisonment, for, a period of one year,and, to pay a fine of Rs.1,000/-, and, in default of payment of fine amount, he was further sentenced, to, undergo rigorous imprisonment, for, a period of one month. Moreover, the accused/convict was also directed, to, pay a sum of Rs.1,00,000/-, as, compensation, to, the prosecutrix. The aggrieved convict/accused hence challenges the conviction pronounced, upon, him, vis-a-vis, the afore charge, and, also challenges, the, afore therewith consequential, order, of, sentence(s) imposed, upon, him.

(2.) On 20th June, 2005, the prosecutrix allegedly made a statement under Section 154, Cr.P.C., before the police that in the year, 1999 and 2000, she studied in S.D. School, Shimla in 10th and 10+1 class. She took the 10+2 examination as a private candidate. Her father left the land of dying anterior to her birth, whereafter her mother remarried. She has a younger sister. Their mother employed in the Industries Department. The accused, who runs a shop on the Mall Road, Shimla, is their family friend, and, used to visit their house since long. When her sister was married in the month of May, 2004, her "Kanyadan" was done by Sh. Vijay Kumar Sood, accused. As their financial condition was not good, in the year 2001, she while pursuing her studies joined the services of Goel Properties, Shimla. After some time, she left the said job as she wanted to learn the computer. One day, the accused came to her house and remarked as to why she should pay Rs.2,500/- as fees and join some computer center to learn the computer. The accused even remarked that there is a computer in his office and he will teach its operation to her on payment of Rs.500/- per mensem. She then started going to the office of the accused to undergo the computer training. She kept visiting the office of the accused for three months. During the said period, the accused several times touched her waist and back etc., to which she objected. When she learnt the computer, accused got her employed on the shop of one Sh. Amrit Singh above Sohan Studio, The Mall, Shimla. During those days, an advertisement appeared in the newspaper for modeling in Delhi. She sent her photograph to Mr. Jitu of Delhi. She was selected for modeling at Delhi. For the last 1 1/2 years, she is working as a model in Delhi. She visited, her house at Shimla twice, during the last 1 1/2 years. In the year 2004, when she visited Shimla, the accused inquired from her about her boy friend. While learning the computer, she had told the accused about her boy friend stationed at Chandigarh as he used to ring her up. She had even divulged before the accused that she is having physical relations with her boy friend and wants to marry him. After the expiry of two months from the date of wedding of her sister, she came to Shimla. She telephoned the accused and told him that she has to leave for Delhi by the night bus. She even requested the accused to depute his servant so that he leaves her luggage at the bus-stand. On this, the accused asked her to come to his office and leave for Delhi after eating something. The accused also remarked that his servant will drop her at the bus stand. She accordingly reached the office of the accused in the evening. The accused served her the juice which she had. As she was in need of the money, she requested the accused to lend her the same. She even conveyed to the accused that as and when she visits Shimla again, she will refund the borrowed sum. While she was having the juice, the accused started talking to her regarding her boy friend and asked her to have the sexual intercourse with him. She refused to have the coitus with him. On this, the accused remarked that if she can enjoy the sex with her boy friend, she should have not hitch in having the sex with him. She told the accused time and again that she will not have the sex with him. Then the accused proclaimed that he will disclose about her physical relations with her boy friend in front of her mother. Under these circumstances, she was forced to have the sexual inter course with the accused so that he keeps mum regarding her physical relations with her boy friend. Some intoxicant was administered to her by the accused, after mixing it with the juice. On consumption of the juice, she became a bit tipsy. Thereafter, the accused took off her clothes and sexually abused her. The accused then gave Rs.500/- and left her on bus station, Shimla, so that she catches the bus which leaves for Delhi at 10 p.m. While the accused was having the sex with her, he never told her that he is making her blue film. Even she could not make out that the accused is making a video showing him having coitus with her. The lewd video/CD was prepared by the accused in a clandestine manner. Now the accused has been arrested by the police for preparing the obscene CD(s). She has come to know from her parents and the police that in the video/CD she and the accused feature having the sex. The accused took undue advantange of his familiarity with her family, her need for the money and helplessness. She has come to know that such CD(s) have also been sold in the market. Once, the accused had played an obscene CD on the computer when she was learning the same, spotting her, the accused stopped playing the CD, and, remarked that he was not knowing that she is about to come. As she was ashamed to her act, she did not disclose about the incident before anyone. On the basis of afore statement of the prosecutrix, FIR was registered against the accused, and, thereafter the police completed all the investigating formalities in the case.

(3.) On conclusion of the investigations, into the offences, allegedly committed by the accused, a report, under Section 173 of the Code of Criminal Procedure, was prepared, and, filed before the learned trial Court.