The Delhi High Court has pulled up the city police for revealing the identity of a minor survivor of sexual assault in court documents, reiterating that such disclosures violate legal protections under Indian law. The court also rejected the bail plea of an accused in a POCSO case involving the alleged rape of a 12-year-old girl.
Key Highlights:
- Strict Instructions to Police:
Justice Swarana Kanta Sharma directed the Delhi Police Commissioner to issue strict instructions to all Station House Officers (SHOs) and investigating officers to ensure that no document filed in court reveals the name, parentage, or address of a survivor of sexual offences. A similar directive was issued to the Deputy Commissioner of Police (DCP) overseeing Moti Nagar police station. - Violation Noted in Status Report:
The court took serious note of the fact that the name of the prosecutrix had been included in the status report submitted by the investigating officer. This, the judge said, was in clear contravention of the law that protects the identity of survivors. - Copy of Order Sent for Compliance:
The court ordered that a copy of its judgment be forwarded to the concerned DCP as well as the Police Commissioner to ensure compliance with the law and proper sensitization of police personnel.
Case Background:
The accused had allegedly lured the minor girl away from her home under false pretenses in 2021, confined her in a room, and subjected her to repeated sexual assault. She was later traced and rescued by her family.
The accused argued that he was in a consensual relationship with the child’s mother and had been falsely implicated. He also cited the COVID-19 lockdown as a reason to question the plausibility of the prosecution’s narrative, claiming limited movement and social interaction made the alleged offence unlikely.
Court’s Findings:
Rejecting the bail plea, the High Court held that:
- The occurrence of the incident during the COVID-19 pandemic did not discredit the survivor’s version.
- The minor’s statement to police remained consistent and detailed.
- The alleged relationship between the accused and the mother of the victim had no bearing on the credibility of the child’s testimony.
- Visits to the accused in jail or any financial dealings with the survivor’s mother were irrelevant to the core allegations.
“The prosecutrix has consistently stated that the accused, whom she trusted and addressed as ‘chacha’, a relationship akin to a father figure, subjected her to repeated sexual assault,” the court noted.
Justice Sharma emphasized that the mother’s alleged conduct “cannot be a sole ground to doubt the version of a minor victim,” adding that the offence was against the child and must be evaluated independently.
The High Court dismissed the bail application, citing the seriousness of the offence and the strength of the survivor’s testimony.
