Himachal Pradesh High Court Issues Directions To POCSO Courts For Protection Of Identity Of Rape, Sexual Offence Victims

The Himachal Pradesh High Court recently issued certain directions to the Special POCSO Courts so as to ensure that the identity of the child victim shall not be disclosed, at any time, during the course of investigation or trial.

The bench of Justice Tarlok Singh Chauhan and Justice Virender Singh issued these directions while dealing with an appeal preferred by the state government against the acquittal of an accused under Sections 363, 366, 376 of the Indian Penal Code and Section 4 of the POCSO Act.

Upholding the acquittal order in favor of the accused, the Court recorded its deep concern about the manner in which the proceedings were conducted before the trial Court in the matter. The Court noted that in the judgment, the name of the mother of the child victim was mentioned and that the proceedings of the case were not conducted in camera, which is mandated by Section 37 of the POCSO Act.

"Perusal of the order sheets, passed in this case, right from 4th July, 2016, when the charges were framed against the accused till the arguments were heard, reveals that the proceedings were never conducted in "camera". Even, while recording the evidence of PW-1, who is the complainant as well as the mother of the child victim, and PW-3, the child victim, the mandatory provisions of Section 33(7) of the POCSO Act have not been complied with. Rather, in a casual manner, the complete address of the complainant as well as her daughter (child victim), displaying/demonstrating their identity, has been mentioned in their deposition," the Court observed.

In such a situation, the Court went ahead to issue the following directions:-

(i) Every effort should be made by the Special Judge(s), as well as, by the police, to ensure that during the course of investigation or trial, the identity of the child victim shall not be disclosed, unless it is in the interest of the child.

(ii) The trial of the case should be held in camera, as mandated by Section 37 of the POCSO Act.

(iii) While recording the statement(s), the Special Judge(s) shall ensure that the identity of the child victim, as well as the identity of his/her family, school, relatives or neighborhood or any other information by which his/her identity could be revealed, shall not be disclosed.

(iv) While recording the statement(s) of the child victim, his/her relatives, the Special Judge(s) would be at liberty to give a fictitious name(s) to them and before doing so, the Special Judge(s) is at liberty to satisfy itself about the identity of the child victim as well as the witnesses from the report under Section 173(2) of the Code of Criminal Procedure. Such satisfaction should be recorded in the proceedings of the case.

(v) As per Instructions No. HHC/Admn./ Instructions/2018-33, dated 12th July, 2018, issued by the High Court of Himachal Pradesh, all the judgments are to be uploaded on the website of the District Court(s). As such, the Special Judge(s), dealing with the cases under POCSO Act, are directed to ensure that the judgments, so rendered by them, do not contain the particulars, from which the identity, as mandated in terms of Section 33 (7) of the POCSO Act, of the child, could be ascertained.

(vi) It is expected from the Special Judge(s), dealing with the cases under POCSO Act, that they will strictly adhere to the provisions of the POCSO Act, in letter and spirit.

The Court also stressed that the POCSO Act has been enacted by the legislature to protect the interest of child victims by including certain safeguards in it and that those safeguards were incorporated in the Act to protect the child victim as well as her family from exposure, as sometimes, the child victim, as well as their parents, do not prefer to go the police station and to report the crime.

"Reporting such crimes to the police are still considered to be stigmatic in the tradition-bound conservative society of our country. That is why, certain duties have been cast upon the Special Courts to ensure that the identity of the child victim shall not be disclosed, at any time, during the course of investigation or trial," the Court further remarked.

Case title - State of Himachal Pradesh v. Shiv Lal

Case Citation: 2022 LiveLaw (HP) 32

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