YouTuber Booked For Rape, Abetting Influencer Partner's Suicide Moves Kerala High Court Seeking Bail

The crime was registered under Sections 363, 354D, 376 (1), 312, 306, 34 of the IPC, Sections 4 read with 3 (a), 6 read with 5 (1), 5 (j)(i), 5 (j)(ii), 8 read with7, 10 read with 9 (j)(ii), 9(ii), 12 read with 11 (iv), 21 read with 19 (1) of the POCSO Act based on a complaint lodged by the deceased girl's mother.

The matter was taken up by a bench of Justice C S Dias today, which adjourned the case after Public Prosecutor opposed the bail and sought time to file a report.

The mother has alleged that her daughter and the petitioner were in a relationship and they created a YouTube account where they posted videos together. It is alleged that the petitioner took her daughter to various places and forcibly committed sexual intercourse with her while she was still a minor. It is also alleged that her daughter became pregnant and the petitioner and his friends gave her abortion tablets illegally. The mother alleges that the relationship between the petitioner and her daughter became strained and even thereafter he took her to various places and committed rape.

Further, the mother alleges that her daughter and the petitioner broke up and the deceased had to face intense cyberbullying on Instagram and YouTube. It is alleged that her daughter was depressed and isolated subsequent to the breakup and cyberbullying.

The petitioner has approached the High Court seeking bail on the ground that he was arrested on June 18, 2024, and has been in judicial custody ever since. He submitted that he has been falsely implicated and is innocent.

The petitioner submitted that he and the deceased were in love and issues arose when the deceased started doing YouTube videos with others. It is submitted that the mother of the deceased encouraged her to do YouTube videos with others. The petitioner submitted that they broke up due to these differences and that the deceased made allegations of rape and impregnation against him without any basis. It is submitted that the deceased did not raise such allegation of rape or impregnation while she was alive nor did she file a complaint with the police or leave a suicide note. It is also submitted that the deceased committed suicide because she failed her plus two examinations and was harassed by her parents.

The matter has been posted to October 18, 2024. 

The plea has been moved by Advocate M R Sarin

Case Number: Bail No. 7613/2024

Case Title: Binoy v State of Kerala