MP High Court Issues Show Cause Notice To Trial Court Judge For Disclosing Rape Victim's Name In Her Deposition

The Madhya Pradesh High Court recently issued a show-cause notice to a trial court judge for disclosing the name of a rape victim in the deposition underscoring that the same is inconsistent with Section 228A of the Indian Penal Code and is also in violation of Apex Court's direction in the case of Nipun Saxena vs. Union of India [(2019) 2 SCC 703].

The Court was hearing the second bail application of rape accused booked under Sections 376 (2)(cha), 376(3), 506 of IPC and Section 5 (n) / 6(a) and 11/12 of POCSO Act, when it noted that the trial court had named the rape victim in her deposition before the Court.

Having granted bail to the accused, the Bench of Justice Deepak Kumar Agarwal issued the following order:

"Before parting with the case it is noticed that the Court below has disclosed the name of the prosecutrix, who is a rape victim, in the deposition which is inconsistent with the provision of Section 228A of Indian Penal Code and is in violation of the direction of Hon'ble Apex Court in the case of Nipun Saxena vs. Union of India [(2019) 2 SCC 703]. In view of the above, let a show cause notice be issued to the effect that why appropriate disciplinary action be not taken against the Presiding Officer. Notice be sent through Principal District Judge, Ashoknagar (MP)."

In Nipun Saxena vs Union of India, the SC bench of Justice M B Lokur and Deepak Gupta ordered, among other things, that

"In cases where the victim is dead or of unsound mind the name of the victim or her identity should not be disclosed even under the authorization of the next of the kin, unless circumstances justifying the disclosure of her identity exist, which shall be decided by the competent authority, which at present is the Sessions Judge".

The Court had observed that "the dead too are entitled to their dignity".

Importantly, the Bail in the instant case was granted to the accused in view of the fact that he was in custody since 1.3.2021. The Court has directed that if the applicant furnishes bail bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he be released on bail.

Case title - Mahesh Kushwaha Vs. State of MP & Anr. 

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