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Disclosure of Rape victim’s identity is inconsistent in terms of Section 228-A IPC

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 18436/2015
(Arising out of impugned final judgment and order dated 26-04-2014 in CRLA No. 45/2003 passed by the High Court of Chhatisgarh at Bilaspur)

LALIT YADAV Petitioner(s)

VERSUS
THE STATE OF CHHATTISGARH Respondent(s)
( IA No.72584/2018-CONDONATION OF DELAY IN FILING and IA No.72580/2018-EXEMPTION FROM FILING O.T. and IA No.72582/2018- CONDONATION OF DELAY IN REFILING)

Date : 05-07-2018

This petition was called on for hearing today.

CORAM : HON’BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON’BLE MR.JUSTICE UDAY UMESH LALIT

For Petitioner(s) Mr. Akshat Shrivastava, AOR Mr. Sarabjit Dutta,Adv. Ms. Pooja Shrivastava,Adv.
For Respondent(s) UPON hearing the counsel the Court made the following

O R D E R

Delay condoned.
1. The petitioner was convicted under Sections 376 IPC and Section 342 IPC and sentenced to substantive sentences of seven years and one year respectively. His conviction and sentence has been affirmed by the High Court by dismissing present appeal. We do not see any reason to upset the orders of conviction and sentence and as such this petition stands dismissed.

We, however, notice from the judgments of both, the trial court and the High Court that the victim in the present case who was examined as PW2 has been named all through. Such a course is not consistent with Section 228- A of IPC though the explanation makes an exception in favour of the judgments of the superior court. Nonetheless, every attempt should be made by all the courts not to disclose the identity of the victim in terms of said Section 228-A IPC.

It has been so laid down by this Court in State of Punjab v. Ramdev Singh reported in (2004)1 SCC 421. 3. While dismissing the present matter, we direct the Registry of the High Court to place the record of the appeal in the High Court before the learned Judge for causing appropriate changes in the record including passing appropriate practice directions so that the trial courts in the State comply with the mandate and spirit of Section 228-A IPC. Pending application stands disposed of.

(ANITA MALHOTRA) (CHANDER BALA)
COURT MASTER COURT MASTER

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