The Gujarat High Court has rejected the quashing petition of the accused in a deplorable case involving in-laws filming and uploading intimate scenes of their son and daughter-in-law on a pornographic website to earn money.

Considering the gravity and sensitivity of the case, Justice Hasmukh Suthar has rejected the quashing petition of the three accused including father-in-law, mother-in-law, and son.

Justice Suthar said, “In this case, along with Sections of Indian Penal Code (IPC), serious offences are involved under Sections 66E, 67, 67A (specifically deal with cybercrime related to pornography)”

He also cited Section 77 (A)- where the court shall not compound any offence that affects the socio-economic conditions of the country or has been committed against women.

The High Court condemned the accused’s criminal actions as an assault on the fundamental aspects of the woman’s life, her dignity, freedom, and integrity. It also directed the trial court to swiftly conduct the trial to ensure justice. The High Court also emphasised on the trial court’s responsibility to determine the case based on its merits. 

The petition filed by the accused stated an argument that the entire case had been resolved through family mediation, citing the complaint to be redundant. 

Moreover, a statement of consent of resolution was also issued from the wife (complainant). Opposing the quashing petition, Assistant Government Pleader (AGP) Manan Mehta stated that the allegations against the accused are very serious and extremely sensitive.

He also mentioned that since the accused have been involved in serious crimes against society, the investigation in this case has been initiated. 

During the investigation, strong evidence against the accused has been obtained, and the charge sheet has been filed. 

What was the case?

In August 2023, the Rajkot Cybercrime arrested three accused including the mother-in-law, father-in-law and husband of a woman for allegedly forcing her to record intimate videos with her husband.

The complainant (survivor) also pointed out to her mother-in-law that her father-in-law had instigated her husband to record their intimate scenes on the phone and upload them on pornographic websites to earn money.

The daughter-in-law also alleged that the accused in-laws also forced them to perform unnatural acts to record.

Earlier, Justice Divyesh Joshi rejected the bail plea of the mother-in-law in this case.

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Rape is rape even if committed by husband, says Gujarat HC