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24-year-old blackmails workshop owner in Delhi using fake rape charges Image Credit: Supplied / For illustrative purposes only

It was a nightmare. She wanted Dh207,000 not to frame him with fake rape charges.

The 24-year-old Delhi resident first trapped the 40-year-old automobile workshop owner in a relationship about two months’ ago, clicking pictures and videos of them together. And then followed the threats and blackmail.

Shivani Singh, who ran a paying guest accommodation close to the workshop, wanted money. He told her he did not have the sum she was asking for. So, the young woman, originally from Farrukhabad in the Indian state of Uttar Pradesh, agreed to allow him to make the payments in installments.

But, the victim had enough and approached the local police station.

Sulochana Gajraj, Deputy Commissioner of Police of East zone, told the Indian news website www.indiatoday.in that “the accused befriended the victim and established a physical relationship with him. The accused clicked pictures and videos of intimate physical relations and threatened to make them public if he did not pay her Rs40 lakh (Dh207,000). She also threatened to register a rape case on the basis of photographs and conversations between them over phone.”

Sometimes people misuse the law. And this is one such case. Singh was using Section 375 of the Indian Penal Code (IPC) to blackmail the man.

As it was a case of honey-trap, the victim approached Sadar police station and lodged a written complaint against her. We immediately formed a special team to nab her red handed. We asked the victim to arrange Rs1 lakh (Dh5,171) to hand over to her.

- Sulochana Gajraj, Deputy Commissioner of Police of East zone, Delhi

Gajraj told the news website: "As it was a case of honey-trap, the victim approached Sadar police station and lodged a written complaint against her. We immediately formed a special team to nab her red handed. We asked the victim to arrange Rs1 lakh (Dh5,171) to hand over to her.

"After arranging Rs1 lakh, the victim contacted Shivani and fixed a meeting point …. As per schedule, the police team was already deployed on the spot. When the victim reached there, Shivani who was already present took the packet containing Rs1 lakh. The police team then nabbed her. The entire sequence of events was captured on video camera to have concrete proof and to make it easy to establish the guilt of Shivani in court.”

She later confessed to her crime during interrogation by the police.

Understanding India’s rape law …

What is Section 375 of the Indian Penal Code?

Section 375 of the Indian Penal Code defines rape as "sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case if she is under 18 years of age."

It's rape if it falls under following categories:

  1. Against her will.
  2. Without her consent.
  3. With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
  4. With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
  5. With her consent, when, at the time of giving such a consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
  6. With or without her consent, when she is under sixteen years of age.

What is consent under Section 375?

Consent is defined as clear, voluntary communication that the woman gives for a certain sexual act.

What is the punishment for rape in India?

Except in certain aggravated situations, the punishment will be imprisonment of not less than seven years but it may extend to imprisonment for life, and shall also be liable to fine. In aggravated situations, punishment will be rigorous imprisonment for a term which shall not be less than 10 years but which may extend to imprisonment for life, and shall also be liable to fine.

- Information courtesy: www.business-standard.com