The Hon’ble Bench comprising Hon’ble Justice Ashok Bhushan, Hon’ble Justice Vineet Saran Hon’ble Justice M.R. Shah dismissing the special leave petition filed by the accused in the present case reiterated that name of the victim in rape cases are not to be disclosed in any part of the proceeding by any court under section 228A of Indian penal Code, 1860 (hereinafter referred to as “IPC, 1860”).
“It is well established that in cases like the present one, the name of the victim is not to be mentioned in any proceeding. We are of the view that all the subordinate courts shall be careful in future while dealing with such cases” the Hon’ble Bench observed.
The present SLP is preferred by the rape convict against the judgment of the Hon’ble sessions court which sentenced the accused/Appellant for 10 years of rigorous imprisonment for raping a minor girl under Section 376(1) and 342 of the IPC, 1860.
provision of section 228A(1) IPC, 1860 which prohibits the disclosure of the name of the victim in certain offenses is as follows :
Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offense under section 376, section 376A, section 376B, section 376C, or section 376D of IPC, 1860 is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
In Bhupinder Sharma versus. State Of Himachal Pradesh, the hon’ble supreme court held that
“We do not propose to mention the name of the victim. Section 228-A of the IPC, 1860 discloses the identity of the victim of certain offenses punishable. Printing or publishing the name of any matter which may make known the identity of any person against whom an offense under Sections 376, 376-A, 376-B, 376-C, or 376-D of the IPC, 1860 is alleged or found to have been committed can be punished. True it is, the restriction does not relate to printing or publication of judgment by the Hon’ble High Court or Hon’ble Supreme Court. But keeping in view the social object of preventing social victimization or ostracism of the victim of a sexual offence for which Section 228-A has been enacted, it would be appropriate that in the judgments, be it of Hon’ble High Court or Hon’ble lower Court, the name of the victim should not be indicated. We have chosen to describe her as ‘victim’ in the judgment.”