NEW DELHI: The Delhi HC has directed police not to disclose the name, parentage or address of a survivor of sexual assault in any document or report filed in courts.
Justice Swarana Kanta Sharma passed the direction while denying bail to a man accused of sexually assaulting a 12-year-old girl, after noting “with concern” that the name of the survivor was mentioned in the status report filed by the investigating officer in the case.
In an order passed on January 14, the judge also asked the Commissioner of Delhi Police to issue appropriate instructions to all SHOs and investigating officers to strictly comply with the law against the disclosure of the identity of survivors of sexual offences.
“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 survivor of sexual assault is not disclosed in any status report or document filed before the courts.
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. Let a copy of this judgment be forwarded to the DCP concerned as well as the Commissioner of Police, Delhi, for information and compliance,” the judge said.
According to the prosecution, the accused sexually assaulted the minor girl by taking her away from her home on a false pretext in 2021. The accused confined her in a room and raped her, police said, adding that she was subsequently traced and rescued by her family members.
The court noted that the survivor “consistently supported” the prosecution case and clearly described the manner in which the incident took place in her statement to the police.
“The court is, therefore, duty-bound to accord due weight to her version,” the judge said.
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