E-Paper
Don’t disclose identity of child rape victims during probe, trial: Himachal Pradesh HC
The orders were passed by the single bench of Justice Virender Singh while disposing of a bail application of a rape accused named Naveen Thapa, a resident of Nepal. The case was registered at Women Police Station in Kullu on January 30, 2023
The Himachal Pradesh high court has directed the Director General of Police (DGP) to issue necessary instructions to all the investigating officers to not disclose the identity of child rape victims during investigation and trial and adhere to the provisions of the Protection of Children from Sexual Offences (POCSO) Act for the same.
The orders were passed by the single bench of Justice Virender Singh while disposing of a bail application of a rape accused named Naveen Thapa, a resident of Nepal. The case was registered at Women Police Station in Kullu on January 30, 2023.
In the status report, which has been filed in the case, the investigating officer has mentioned the all the details of the mother of the child victim. Not only this, the status report mentions the name of the school where the victim was studying, remarked the court.
Justice Singh also observed that the trial court has also mentioned the complete details of the mother of the child victim at the time of recording her statement on September 15, 2023, when she appeared as prosecution witness. When the child victim appeared before the trial court, the name of her school has been mentioned.
“Before parting with the order, this court must record its concern about the manner in which the mandatory provisions of Section 33 (7) of the POCSO Act are being violated, with impunity,” said Justice Singh in his judgment.
Considering the violation of Section 33 (7) of the POCSO Act, it is high time for this court to take steps in this regard. Consequently, the DGP through principal secretary (home) is directed to issue necessary instructions to all the investigating officers in the state to adhere to the provisions of Section 33 (7) of the POCSO Act, said the court.
According to Section 33 (7) of the POCSO Act, the special court shall ensure that the identity of the child is not disclosed at any time during the course of investigation or trial.
Similar types of directions are required to be issued to the judicial officers, dealing with the cases under the POCSO Act in the State of Himachal Pradesh, it added.
Meanwhile, the court granted bail to Thapa, observing that the mother of the child victim and the child herself, who were key prosecution witnesses, did not support the prosecution’s case and had even retracted from their earlier statements.
The court also noted that the trial’s conclusion was not imminent, making prolonged judicial custody unnecessary.
Justice Singh ordered Thapa’s release on bail upon the submission of bail bonds totaling ₹50,000 and two sureties of the same amount, with one surety being a local resident. The court also imposed certain restrictions on the accused.
