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Delhi

Keep victim’s identity secret in POCSO cases: Delhi High Court

During the proceedings, the court observed a lapse on the part of the investigating officer, who failed to safeguard the identity of the minor survivor.

Express News Service

NEW DELHI: The Delhi High Court has directed the police commissioner and the medical superintendent of AIIMS to ensure that the identities of minor survivors of sexual assault remain protected at all stages of investigation and medical examination.

Justice Dinesh Kumar Sharma issued the directive while hearing a case under the Protection of Children from Sexual Offences (POCSO) Act. The court also reduced the jail term of a man convicted of sexually assaulting a minor, stating that the evidence indicated only an attempt was made.

During the proceedings, the court observed a lapse on the part of the investigating officer, who failed to safeguard the identity of the minor survivor.

“The investigating officer did not take adequate steps to conceal the identity of the victim, even during the medical examination. This is a serious oversight and reflects poorly on both the investigating officer and the medical examiner involved,” Justice Sharma noted in his December 23, 2024 order.

Taking a strict stance, the court directed that such violations should not recur. “A copy of this order shall be sent to the Commissioner of Police and the Medical Superintendent, AIIMS, with instructions to issue guidelines ensuring measures are in place to protect the identity of victims in similar cases. A compliance report must be submitted to the court,” the order stated.

The case involved an appeal against the 2021 conviction of a man sentenced to 20 years of rigorous imprisonment for “aggravated penetrative sexual assault” under the POCSO Act.

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