A man, who secretly filmed his girlfriend during their intimate moments on his cell phone, has been sent to jail for three years by a Delhi court which noted that “such a crime deserves to be dealt with very sternly”.
Additional Sessions Judge Virender Bhat, while convicting and sentencing Delhi resident Rohit, said, “It is necessary to respect and maintain the privacy of a person at all circumstances”.
“No person has any right at all to photograph or tape the private area of any other person or even the sexual act between the two which may be consensual, even if the two persons are closely related to each other or are in an intimate relationship with each other, without the consent of that other person,” the judge said in his 33-page order.
“The life of the girl would have become a hell if the video or her obscene photographs would have gone public. So, I am of the opinion that the crime is a serious one,” the judge said.
The court convicted him under various provisions of the Information Technology Act and the IPC, including 323 (voluntarily causing hurt), 342 (wrongful confinement) and 506 (criminal intimidation).
It also slapped a fine of Rs. 50,000 on him which will be paid to the girl as a compensation. The court, however, absolved Rohit of rape charges, saying the “evidence on record clearly demonstrates that the sexual intercourse between the prosecutrix and the accused was consensual”.
According to the prosecution, the girl had lodged an FIR at Bindapur police station on August 12, 2013, alleging that Rohit, whom she called her friend, had taken her obscene photographs and had prepared a MMS.
The girl had alleged that she was raped at his flat and the act was filmed by him with the help of a cell phone hidden in a card board box kept in the room.
During the trial, Rohit claimed that he was falsely implicated in the case and that the video was made by the girl herself on her mobile phone.