Punjab-Haryana High Court
Nirmal Singh vs State Of Punjab on 17 October, 2012
Author: Paramjeet Singh
Bench: Paramjeet Singh
Crl. Misc.No. M-32903 of 2012 (O&M) -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc.No. M-32903 of 2012 (O&M)
Date of decision: October 17, 2012.
Nirmal Singh
... Petitioner(s)
v.
State of Punjab
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: Shri Sandeep Arora, Advocate, for the petitioner.
Paramjeet Singh, J. (Oral):
The instant petition has been filed under Section 438 Cr.P.C. for the grant of anticipatory bail to the petitioner in case FIR No.274 dated 20.9.2012, registered at Police Station Sadar, Jalandhar, under Sections 420 IPC and 66-A, 67-A of the Information Technology Act.
Briefly stated, allegations against the petitioner, as mentioned in the FIR, are to the effect that when the complainant, in order to earn his livelihood, had gone abroad, in his absence, the accused, after intimidating his wife, entangled her in his love affair and usurped the entire hard earned money and took nude photographs of the wife of the complainant, made blue films and uploaded the same on the internet. The complainant was told of same by some unidentified person. It is alleged that the blue films are picturized with a police man and could be seen on the internet. It is also Crl. Misc.No. M-32903 of 2012 (O&M) -: 2 :- mentioned in the FIR that the complainant himself has seen the photographs on the internet and seen how the man was committing rape with his wife. The policeman has left the motorcycle at the house of the complainant and eloped with his wife and gave threats to the complainant that if he would take any action, he would cause harm to the complainant. On the basis of these allegations, investigation has been conducted by the Assistant Commissioner of Police. Allegedly, as per the investigation, charge with regard to kidnapping and getting the services of the petitioner for appointing the son of the complainant, have been found to be incorrect. But it has been found during inquiry that with the consent of Jaswinder Kaur, wife of the complainant, photographs were taken in Hotel Surinder Plaza Gudda Road Bus Stand Jalandhar, which have been allegedly uploaded on the internet, as a result of this Police Department has been defamed by the petitioner-Head Constable.
I have heard learned Counsel for the petitioner.
Learned Counsel for the petitioner contended that during enquiry, no allegation of taking money for getting the employment to the son of the complainant or having sexual intercourse with the wife of the complainant under coercion, have been proved and the sexual intercourse with the lady is with her consent.
There are clear allegations against the petitioner that he took nude photographs of the wife of the complainant when he was abroad and the petitioner had developed relations by intimidating the wife of the complainant, being a police official. The allegation with regard to uploading of photographs on the internet has also been found to be correct Crl. Misc.No. M-32903 of 2012 (O&M) -: 3 :- during investigation. The uploading of the photographs may be pornographic, showing the explicit images of sexual intercourse, which may be more offensive than the crime committed physically. In the circumstances of the case, as the husband was away, the petitioner being a police official, might have intimidated her, compelling her to have sexual intercourse with him. Any sex act done under intimidation, does not come under the definition of consent.
The allegations against the petitioner are very serious. Custodial interrogation of the petitioner is necessary since recovery the equipment used for taking porn photographs or for taking sexually explicit images is necessary and it is also necessary to find out at which places such images have been uploaded. This cannot be verified without the custodial interrogation of the petitioner and also without looking at the electronic equipment used in this regard. Now-a-days, such photographs are being used as a business which causes severe damage to the victim. According to the research conducted by a well known organization in the field of cyber crime, the crimes committed through the internet and the damage it can cause, is three times more offensive than the crimes committed physically. So much so, that a victim of cyber crime in the event of uploading pornographic contents, may take the extreme step of committing suicide. In the cyber business, sexually explicit images are sold and circulated widely.
As regards the instant case, even if it is presumed that wife of the complainant had given her consent to the petitioner to have sexual relationship with her, the same might be under misplaced trust. Misusing his position, the petitioner has taken the photographs and started Crl. Misc.No. M-32903 of 2012 (O&M) -: 4 :- blackmailing her. It results into a social and legal implication. This is a regrettable and dangerous preposition when such images are taken under threat with intention to sell or distribute such photographs. This is clear violation of provisions of Sections 66-A and 67-A of the Information Technology Act. It does not behove of the petitioner who is a police official, a member of the law enforcing agency, to act in such like manner. The offence committed by the petitioner becomes more graver when viewed from this angle.
The plight of the complainant and the victim and their family can be well imagined after the appearance of such disastrous images on the internet.
Keeping in view the above facts and circumstances, gravity of the offence and the ramifications on the society and the victim's family, no ground for grant of anticipatory bail is made out.
Dismissed.
[ Paramjeet Singh] October 17, 2012. Judge kadyan