CUTTACK: Expressing serious displeasure over disclosure of identity of a minor rape victim in the deposition sheet at a trial court, a single judge bench of the Orissa High Court has directed the Registry, with the permission of Chief Justice, to circulate his judgment specifying the norms among the subordinate judiciary while dealing with such cases.
The single judge bench of Justice SK Sahoo was considering a criminal appeal against a January 13, 202 judgment in which the Additional Sessions Judge-cum-Special Judge, Keonjhar had convicted two persons for committing rape of a minor girl and sentenced them to 20 years rigorous imprisonment and imposed fine of Rs 50,000 on each.
It is “a very disturbing feature on record” as “in spite of repeated pronouncement of judgments by the Supreme Court on section 228-A of the IPC and in view of the provision under section 33(7) of the POCSO Act, not to disclose the identity of the child at any time during the course of investigation or trial, the name of the victim is mentioned in the deposition sheet,” Justice Sahoo observed.
“She should be mentioned as ‘victim’ therein,” Justice Sahoo added in his March 28 judgment, while dismissing the criminal appeal as “devoid of merit”.
Justice Sahoo directed the Registry to place the judgment before the Chief Justice seeking permission to circulate the copies of this judgment to all the district judges for onward circulation amongst the judicial officers for complying the observations made in the judgment. “The signature of the victim in his/her deposition should not be taken on the deposition sheet but should be taken in a separate sheet by the learned trial Judge and the said sheet of paper with the signature and certificate of the Judge with date shall be kept in sealed cover,” he specified.
“A noting should be given in the deposition sheet so also in the order sheet of that day regarding taking of signature of the victim in a separate sheet and keeping the same in sealed cover. The said procedure should also be followed while recording statement of the victim under section 164 of CrPC,” Justice Sahoo also specified, adding, “In the judgment, the name of the victim should never be mentioned by the Judge.”