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pictures and video of her in her mobile phone as the accused told her
to do so and wanted to see it and demanded it from her and hence
this court is of the view that the prosecution has proved the offence
u/s 354 A of IPC where the accused had demanded for sexual favours
beyond the shadow of all reasonable doubts.
Section 354 C of the Indian Penal Code states Voyeurism: Any man who watches, or captures the image of a
woman engaging in a private act in circumstances where she would
usually have the expectation of not being observed either by the
perpetrator or by any other person at the behest of the perpetrator or
disseminates such image shall be punished on first conviction with
imprisonment of either description for a term which shall not be less
than one year, but which may extend to three years, and shall also be
liable to fine, and be punished on a second or subsequent conviction,
with imprisonment of either description for a term which shall not be
less than three years, but which may extend to seven years, and shall
also be liable to fine.
Ld. Special PP at the time of argument relied a citation reported
in AIR 1952 SC 54 : 1952 Cr LJ 547 where it was held that “A girl or
women is extremely reluctant to admit an incident which reflects on
her chastity. There is a built-in assurance that the charge is genuine
rather than fabricated.”
In this case this court finds that the accused Animesh Boxi had
demanded personal nude photos and videos of the victim and CFSL
report and other evidences shows that from the mobile of the accused
those nude videos were uploaded to pornhub website and definitely
the accused had watched those nude videos and hence this court is of
the view that the prosecution has proved the offence u/s 354 C of IPC
where the videos are of private act of a lady reasonably secured from
others from viewing without her permission beyond the shadow of all
reasonable doubts.
Section 354 D of the Indian Penal Code states Stalking: (1) Any man who —
1. follows a woman and contacts, or attempts to contact such
woman to foster personal interaction repeatedly despite a clear
indication of disinterest by such woman; or
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