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Punjab and Haryana High Court: Can’t be lenient with criminals in sextortion cases

Saurabh Malik Chandigarh, April 10 Amidst rising cases of sextortion, the Punjab and Haryana High Court has called for curbing the tendency of levelling rape allegations, only to take a U-turn after accepting money. Leniency cannot be shown to such...
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Saurabh Malik

Chandigarh, April 10

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Amidst rising cases of sextortion, the Punjab and Haryana High Court has called for curbing the tendency of levelling rape allegations, only to take a U-turn after accepting money. Leniency cannot be shown to such criminals, Justice NS Shekhawat ruled.

The assertion came in a case where a woman was seeking anticipatory bail in a case registered for extortion under Sections 384 and 120-B, IPC, at Hansi city police station. The Bench was told that the petitioner had initially lodged an FIR alleging the commission of rape. She and a co-accused later negotiated for Rs 20 lakh just to turn hostile in the matter.

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Justice Shekhawat said it was apparent from the record that the petitioner had lodged the FIR in November last year for rape, criminal intimidation, criminal breach of trust and other offences under Sections 328, 376(2), 506, 406 and 509, IPC. As per the prosecution story, the petitioner and her co-accused demanded Rs 20 lakh just to retract from the statement.

The police even recovered “a recording in a mobile phone”, wherein the petitioner was heard asking for money. A sum of Rs 1.5 lakh was extorted by two co-accused and they were arrested on the spot with the money.

Justice Shekhawat observed that the Supreme Court and the high court had taken a “very serious view” on sextortion cases and leniency could not be shown to such criminals. “In the present case, the present petitioner lodged an FIR regarding the commission of rape on her, and later, she and her co-accused negotiated for a sum of Rs 20 lakh just to turn hostile in the case. Such tendency needs to be curbed strictly by this court.”

Turning down the plea, Justice Shekhawat added that the petitioner’s voice sample was yet to be collected by the police and her custodial interrogation would be required to take the investigation to its logical end. The petitioner, as such, was not entitled to discretionary relief of anticipatory bail. The petition was accordingly ordered to be dismissed.

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