Rape Victim’s Identity Shouldn’t Be Indicated in orders- Patna HC

Rape Victim's Identity Shouldn't Be Indicated in orders- Patna HC

Bench of Justice Chakradhari Sharan Singh relating to offenses punishable under Section 376 of the IPC, Section 4 of the Pocso Act and Section 3 (i) (xi), 3 (2) v of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 The criminal was hearing the appeal (for regular bail). 

Directed all subordinate courts to ensure that the identity of the rape victim is not indicated in the order / decision, unless such disclosure is necessary, for which The special courts should file the reasons in writing. 

The High Court took into consideration Section 228-A of the IPC and Section 24 of the Pocso Act to identify a child, be it in conflict with the law or to provide care and protection to the child. The need, or the child victim or witness to the crime, should not be disclosed. 

The court referred to the decision of the Supreme Court in the case of State of Punjab v. Gurmeet Singh and others (1996) 2 SCC 384, wherein the court directed Had given that the courts, as far as possible, in cases of sexual offenses, in its order to protect the prosecution from further embarrassment Avoid disclosing.