Justice Yanshivraj Khobragade delivered the ruling and the Court also dismissed a bail plea by the appellant Nikhil Thepale.
The Bombay High Court has ruled that circulating a video of a person belonging to the SC/ST community on WhatsApp falls within “public view” and attracts provisions of the SC/ST (Prevention of Atrocities) Act.
The victim belongs to an SC/ST community from whom Thepale demanded favours. When the victim refused, Thepale recorded videos and photographs of the victim and sent these on WhatsApp to her husband, sister-in-law, and relatives. Advocate Mahesh Rai appeared for the appellant, Public Prosecutor G. S. Umale represented the State, and advocate Sanket Joshi appeared for the victim.
Justice Khobragade noted that material on record was sufficient to constitute an offence under Sections 3(1)(w)(ii) and 3(2) (va) of the SC/ST Act.
The circulation of videos and photographs of the victim on WhatsApp from a mobile also fell within “public view”, the judge stated.
