Don’t reveal sexual assault survivor's identity in court papers: HC
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New Delhi: Name, parentage, or address of a survivor of sexual assault should not be disclosed in any document or report filed in courts, the Delhi High Court has directed the city police.
Justice Swarana Kanta Sharma called upon the commissioner of Delhi Police to give appropriate instructions to all SHOs and investigating officers to strictly comply with the law against the disclosure of the identity of survivors of sexual offences.
The court passed the direction while rejecting the bail plea of an accused in a POCSO case. It "noted with concern" that the name of the prosecutrix was mentioned in the status report filed by the investigating officer in the present case.
"The DCP of the concerned area (having jurisdiction over Moti Nagar police station) is directed to sensitise all SHOs under his jurisdiction to strictly ensure that the name, parentage or address of a victim of sexual assault is not disclosed in any status report or document filed before the courts," ordered the court on January 14.
"The commissioner of police, Delhi is also requested to reiterate appropriate instructions to all SHOs and investigating officers in this regard, in strict compliance with law. Let a copy of this judgment be forwarded to the DCP concerned as well as the commissioner of police, Delhi for information and compliance," it further directed.
In the present case, the accused allegedly sexually assaulted a minor girl, who was 12-13 years of age, by taking her away from her home on a false pretext in 2021. It was alleged that he confined her in a room and forcefully established physical relations with her, and she was subsequently traced and rescued by her family members.
The accused contended that he was in a consensual physical relationship with the mother of the prosecutrix and had been falsely implicated because the prosecutrix resented their relationship.