Whether Rape accused can be acquitted on basis of Whatsapp chat between him and prosecutrix?

On carefully perusing the impugned judgment and after hearing the counsel for the petitioner, we are of the opinion that the trial court has not committed any error in acquitting the respondent No. 2. The printout of the chats and the transcription of the telephonic conversation between the petitioner and the respondent No. 2 placed on record by the defence and duly admitted by the petitioner during her cross examination amply demonstrate that she had of her own free will and without any inducement from the respondent No. 2, consented for a physical relationship with him. Thereafter, she had second thoughts about marrying him and had in fact told him that she can get married to him only after her elder sister gets married. Later on, the petitioner had threatened the respondent No. 2 that she will defame him and falsely implicate him.

In the High Court of Delhi at New Delhi

(Before Hima Kohli and Manoj Kumar Ohri, JJ.)

Smt. Ritu @ Shikha Kashyap  v. State & Anr

Crl. L.P 817/2018

Decided on December 11, 2018

Citation: 2018 SCC OnLine Del 12914

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Whether SC and ST atrocities Act is attracted if abuses are given on telephone?

 The second ground raised for quashing the proceedings that according to the averments made by the defacto complainant in her complaint that the petitioner herein telephoned her and abused her on the ground of caste. The learned counsel for the petitioner submitted that even if the averment is taken to be true for the purposes of the case, the offence is not made out. The learned counsel invited the attention of this Court to section 3 (1) (x) of the said Act, which reads as under:

"Intentionally insults or intimidates with intent to humiliate a member of a scheduled or a Scheduled Tribe in any place within public view."

 In the present case, the averment made by the defacto complainant that she was abused on telephone. Therefore, this Court holds that the provisions of Section 3 (1) (x) of the said Act are not attracted to the present set of facts.

Andhra High Court

Potluri Poorna Chandra Prabhakar ... vs The State Of A.P., Rep. By Its ... on 17 October, 2001

Equivalent citations: 2001 (2) ALD Cri 834, 2001 (5) ALT 768, 2002 (1) ALT Cri 574

Bench: R M Bapat

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