In a landmark judgment, the Gujarat high court quashed proceedings against an accused who was booked for raping his lover and then shooting the heinous act on camera.
In a landmark judgment, the Gujarat high court quashed proceedings against an accused who was booked for raping his lover and then shooting the heinous act on camera.
The court quashed the proceedings against him
after the parties settled the dispute amicably between them to avoid lengthy legal procedures.
The case concerns one Monica (name changed), a physiotherapy student, and Kulbhushan Patel.
The two started off as friends but Manisha stopped seeing Patel after her family disapproved of their relation. But Patel convinced her to meet him one last time at a guest house in Motera in March 2008.
There he drugged her and raped her. He also filmed the act with his mobile phone camera. Fearing social ruin, Manisha kept silent for four months after Patel threatened her with the video.
On July 5, 2008 Manisha filed a complaint with Shahibaug police when she came to know of the rape CD being circulated by Patel. She named Patel and his brother-in-law Hemant Patel in the complaint.The two were then arrested and chargesheeted.
However, when the case was due for trial the parties decided to settle the case between themselves. They then filed a declaration before the sessions court insisting that the proceedings be dropped but the city sessions court rejected the same on March 29, 2011. They then moved the high court for the same.
While hearing the case on May 9, 2011, the advocates for the accused and the complainant filed an affidavit stating that the parties have settled the dispute amicably without any coercion and so the complaint be quashed.
The high court while quashing the same observed that it needed to be done to avoid untold hardship not only to the complainant's family but also to ensure that they are able to pursue their life peacefully.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}