The Delhi High Court has directed city police to strictly ensure that the identity of sexual assault survivors is not disclosed in any court document, expressing concern over repeated violations of the law.
Justice Swarana Kanta Sharma asked the commissioner of Delhi Police to issue clear instructions to all station house officers and investigating officers to prevent the disclosure of a survivor’s name, parentage or address in any report filed before courts.
The direction was issued while rejecting the bail plea of an accused in a POCSO case. The court “noted with concern” that the investigating officer had mentioned the name of the prosecutrix in a status report submitted in the matter.
“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,” the court ordered 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,” it added, directing that a copy of the judgment be forwarded for information and compliance.
In the case, the accused allegedly took a 12–13-year-old girl away from her home on a false pretext in 2021, confined her in a room and forcibly established physical relations with her. She was later traced and rescued by her family members, police said.
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 relation.
It was also claimed that in 2021, movement of people was restricted and social interaction was minimal due to COVID-19, and therefore, the likelihood of the alleged offence having been committed in the manner projected by the prosecution was doubtful.
The court said the mere fact that the alleged incident occurred during the pandemic could not by itself be a ground to disbelieve the version of the prosecutrix or presume that the offence could not have been committed.
It stated that the prosecutrix consistently supported the prosecution case and clearly described the manner in which the incident took place in her statement to the police, and the court was therefore duty-bound to accord due weight to her version.
The court added the contention that the accused and the survivor's mother being in a relationship was not a ground to doubt her testimony.
It said the mother's alleged visit to the accused in jail or allegedly accepting money from him also did not dilute the gravity of the offence at this stage.
"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 alleged conduct of the prosecutrix's mother, even if assumed to be correct, cannot be a sole ground to doubt the version of a minor victim.
"The offence complained of is against a child, and its seriousness cannot be assessed through the conduct of a third party," the court observed.
"This court is not inclined to grant regular bail to the applicant at this stage. Accordingly, the present bail application along with pending application is dismissed," the court ordered.