IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M). No.2977 of 2023.

Date of decision: 05.01.2024.

State of Himachal Pradesh …..Applicant/Appellant.

Versus Sunil Kumar Thakur …..Respondent.

Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.

The Hon’ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting?¹ No For the Appellant : Mr. I.N. Mehta, Senior Additional Advocate General with Mr. Navlesh Verma, Ms. Sharmila Patial, Additional Advocate Generals and Mr. J.S.Guleria, Deputy Advocate General.

For the Respondent : Nemo Tarlok Singh Chauhan, Judge (Oral)

The respondent has been acquitted of the offences punishable under Sections 376, 354-D, 323, 506 of the Indian Penal Code, 1860, (for short ‘IPC’), Sections 3(1)(w), 3(2)(v)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 67(A) of the Information Technology Act, 2000 and aggrieved thereby the State has filed the instant application for grant of leave to appeal.

2. The case of the prosecution as set out against the respondent in brief and chronologically is as under:

Whether the reporters of the local papers may be allowed to see the Judgment?Yes “(i). In the year 2019, the prosecutrix 'S' (PW-1) joined M.A. (Political Science) course at Central University Kangra (Dehra Campus), District Kangra, .H.P. where she met the accused and became friends.

(ii) In the month of March 2021, the accused allegedly forcibly kissed the prosecutrix 'S'f (PW-1) and took selfie with her when she was taking online class at Dehra Campus.

(iii) The accused started establishing physical contacts with the prosecutrix 'S' (PW-1) against her wishes upon which she was compelled to block his Cell number.

(iv) The aoccused compelled the prosecutrix 'S' (PW-1) to unblock him by threatening to post her selfie online and thereafter, repeatedly compelled and forced her to exchange nude photographs and to make obscene video calls through Whatsapp during which he took screen shots.

(v) On 17.07.2021, the accused forcibly established physical relations with the prosecutrix 'S' (PW-1) by threatening her to make her obscene/nude photographs viral on internet in case she refuses to his sexual overtures.

(vi) On 20.07.2021, the accused physically assaulted and slapped the prosecutrix 'S' (PW-1) and also insulted and humiliated her by caste name by uttering "Tum Caste Walo Ko Padai Nahi Karni Chahiya, Hum Logo Ke Bistar Garam Karne Chahiye"

(vii) On 21.07.2021, the prosecutrix 'S' (PW-1) reported the incident dated 20.07.2021 at Police Station Dehra vide complaint Ex.P1/PW-1.

(viii) The accused was summoned by SHO Police Station Dehra, where he tendered apology and assured the prosecutrix 'S' (PW-1) not to establish a.ny contact with her in any manner whatsoever.

(ix) The accused despite assurance did not refrain and repeatedly tried to establish fcontacts with her by threatening her to post her obscene/nude photographs online and on social med ia platforms.

(x) The prosecutrix 'S' (PW-1) filed a complaint with the Police Station, BCS, New Shimla, District Shimla, H.P. where again the matter was compromised and the accused oagain assured not to establish contacts with the prosecutrix 'S' (PW-1) and also to delete her photographs from his Cell phone and other electronic gadgets.

(xi) The accused thereafter sent and shared the obscene and nude photographs of the prosecutrix 'S'

(PW-1) with her family members and friends.

(xii) On 10.09.2021, the prosecutrix 'S' (PW-1) reported the matter at Women Police Station, (BCS) New Shimla, District Shimla, H.P. by filing complaint Ex.P2/PW-1.

(xiii) On 22.11.2021, the accused followed the prosecutrix 'S' (PW-1) to B.Ed College, Annadale, District Shimla, where he abused and slapped her.

(xiv) On 23.11.2021, the prosecutrix 'S' (PW-1) filed a complaint before the Superintendent of Police, Shimla regarding the incident dated 22.11.2021 which is Ex.P3/PW-1.

(xv) On 27.11.2021, the prosecutrix 'S' (PW-1) also filed online complai