Case title:

Harish Chander @ Suraj Bhatt Versus State NCT of Delhi

Date of Order:

06-12-2023

Bench:

hon'ble ms. Justice swarana kanta sharma

Parties:

Petitioners- Harish Chander @ Suraj Bhatt

Respondents- State Nct Of Delhi

SUBJECT

The Protection of Children from Sexual Offences (POCSO) Act is a legislation in India that aims to provide a comprehensive framework for dealing with sexual offenses against children. It was enacted in 2012 to replace the earlier legislation, the Protection of Children from Sexual Offences Act, 1986. The purpose of POCSO is to safeguard children from sexual abuse, exploitation, and trafficking. It aims to protect children from any form of sexual abuse, whether physical, verbal, or visual, and provide justice to victims of such offenses.

IMPORTANT PROVISIONS

Code of Criminal Procedure, 1973

• Section 439
• Section 482

Protection of Children from Sexual Offences Act, 2012

• Section 31

OVERVIEW

• The complainant, who is the mother of the victim, had met one person who had disclosed his name as Suraj Bhatt i.e. the present applicant in Saket Courts, Delhi.
• He started talking to the complainant and had told her that he was working as a munshi of a High Court Judge and he was also from Uttarakhand.
• He had allegedly assured her that he would help her in getting maximum punishment to the accused Firoj in their other criminal case pending in a Court in District Saket, but for that, he would need some videos of her minor daughter ‘P’, who was aged about 17 years.
• Later, on 13.01.2023, when the complainant had gone for work, the applicant Suraj Bhatt had called her daughter i.e. the victim and had asked her to prepare her nude videos and send to him. Thereafter, the victim had sent him a video of herself accordingly.
• The applicant had however told the victim that this video was not enough, and two more videos of about 15-15 minutes should be sent to him for displaying them to the Judge Sahab in the High Court. As per the new instructions, the victim had again sent him two videos of herself. After some time, the complainant had come back home and had seen the videos and had instantly deleted the same.
• The complainant had requested the applicant to delete the videos, however, he refused to do the same. He had also started threatening that he would upload all the videos on social media if they did not pay Rs. 25,000/- to him. Therefore, a complaint regarding this was filed at Police Station Saket, after which the present FIR was registered.

ISSUE RAISED

1. Whether the accused is entitled to grant of regular bail in the present case?

ARGUMENTS ADVANCED BY THE PETITIONERS

• Learned counsel for the applicant/accused contended that in this case, the videos have been sent by the mother of the victim herself, and that the accused is innocent, and has been falsely implicated in the present case.
• It was also held that the mother of the victim had herself recorded the nude videos of her daughter on the assurance of the applicant to allegedly show them to the Judge, after which the complainant was promised that a compensation of Rs. 2,50,000/- would be granted to her daughter.
• It was further argued that the complainant/mother had herself convinced her daughter, who is the victim, to make nude videos of herself, and to forward them to the accused herein, with profit motive, under the garb of getting compensation.

ARGUMENTS ADVANCED BY THE RESPONDENT

• Learned APP appearing on behalf of the State, put forth that the allegations in the present case are of serious nature, and that the accused has been threatening the family of the victim.
• It was further argued that the accused had lured and assured the victim and her mother that he would get them compensation for a pending case, and had misused the name of the High Court, and had thus brought disrepute to the judicial system.

JUDGEMENT ANALYSIS

• The Honble court dismissed the bail application as no grounds for bail were discovered in the present case.
• This Court also viewed that in case the present case was not registered or the truth was not brought out through police investigation and FSL report, the accused would have succeeded in giving an impression that the judicial system was being part in such disgusting acts. The court strictly pronounced that such persons and such acts are a threat to the judicial system which hinders the faith of the community in the judicial system. It was reiterated that the justice delivery system has to be protected and safeguarded from such acts and persons.
• It was however clarified that the observations made in the judgement shall not be construed as expression of opinion of the Hon;ble Delhi High Court on the merits of the case.

CONCLUSION

The court in this case noted that that the accused in the present case had misrepresented to the victim that he was making her speak to a High Court Judge, and that he was working with a High Court Judge, who will ensure that compensation is granted in a pending case before a District Court when the videos will be sent to the Judge, are in themselves grave and serious allegations, which without a doubt bring the judicial system into disrepute. It also showcases how unassuming or illiterate persons are tempted in the name of the Judges for blackmailing and for commission of offences, as the present one. This is a serious threat to our society and can only be rectified by providing proper education and awareness among all sections of society.