Don't Disclose Sexual Assault Victim's Name, Address In Status Reports Or Documents: Delhi High Court To Police

The Delhi High Court has directed the Delhi Police to ensure that name, parentage or address of victim of sexual assault are not disclosed in the status reports or documents filed in the Court.

Justice Swarana Kanta Sharma requested the Commissioner of Police to reiterate appropriate instructions to all SHOs and Investigating Officers, in strict compliance with law.

While dealing with a POCSO case where the name of the prosecutrix was mentioned in the status report filed by the IO, the Court said:

“In view thereof, the DCP of the concerned area (having jurisdiction over P.S. Moti Nagar) 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.”

“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,” it added.

Justice Sharma passed the order while refusing to grant bail to a man accused of committing sexual assault on a minor girl under the POCSO Act.

The Court dismissed the bail plea filed by one Vicky Kashyap, observing that the allegations disclosed a serious offence against a child of tender age and that the consistent testimony of the prosecutrix could not be disregarded at the stage of considering bail.

The FIR was registered for the offences under Sections 342, 376(2)(i)(n), 354C and 505-II of the IPC and Sections 6 and 12 of the POCSO Act.

The prosecution alleged that the accused took the minor girl to a room on a false pretext, confined her and subjected her to repeated sexual assault, besides videographing the acts and threatening her.

The Court noted that the prosecutrix, who was about 12–13 years old at the relevant time, had consistently supported the prosecution case in her complaint, statements recorded under Sections 161 and 164 of the CrPC, and her testimony before the Trial Court.

The Court further observed that the accused was known to the family and occupied a position of trust, as the prosecutrix used to address him as “chacha”.

Holding that the nature and gravity of the allegations, the tender age of the victim, and her consistent disclosures weighed against grant of bail, the Court dismissed the application.

The Court clarified that its observations were confined to the bail stage and would not affect the merits of the trial.

Title: VICKY KASHYAP v. STATE OF NCT OF DELHI

Click Here To Read Order