Read Time: 06 minutes

Synopsis

A division bench of the Bombay High Court bench at Aurangabad comprising Justice Abhay Waghase and Justice Vibha Kankanwadi has recently asked the investigating agencies to not disclose the identity of the victim in the charge sheet.

The high court was dealing with a bail plea wherein a man had been booked under the Atrocities Act and Indian Penal Code. The victim alleged that the accused had raped her on the pretext of marriage.

The high court said that Section 228A was inserted in the Indian Penal Code in 1983 which prohibits disclosure of the identity of the victim of certain offenses. The court said that the identity of the victim should not be disclosed in the charge sheet.

“Thereafter, by Act 22 of 2018 further amendment in respect of other Sections has been made with effect from 21.04.2018. Thus, the identity of the victim cannot be disclosed by any of the authorities in the charge-sheet. Nowadays, we are finding that photographs are taken i.e. either the old photographs are collected or even victim showing the spot of occurrence are taken and those photographs are produced in the charge-sheet. We do not say that such photographs should not be collected or should not be taken, but we expect that those photographs should not be openly added as part of charge-sheet,” court stated.

The court said that a chargesheet travels from the investigating agency to Judicial Magistrate or Special Judge and is handed over to many people, therefore in such cases, the identity of the victim is disclosed and therefore the agencies have to be sensitive in such matters.

The court said that if such documents need to be produced then the same should be submitted in a sealed envelope. The bench also said that the Supreme Court in a catena of judgments has said that the identity of the victim should not be disclosed in rape and POCSO cases.

The high court further said that the coordinate bench of the Bombay High Court at the Principal seat had said that such photographs should be handed over in a sealed cover. The order read,

“We take those directions further and direct all the concerned agencies, who are dealing with the investigation of such crime that henceforth the photographs of such victims should be filed in sealed envelope before the concerned Courts. We may also say that failure to follow the directions may invite the action for the offence under Section 228-A of the Indian Penal Code. These directions are also to the concerned Courts where the charge-sheet is accepted. They should also see that such photographs are produced in sealed envelope before them and the identity of the victim is not disclosed in any manner."

The court however found that the relationship between the accused and the complainant was consensual and granted him bail.

Advocate M. S. Karad appeared for the accused, Additional Public Prosecutor Preeti Diggikar appeared for the State, and Advocate A. K. Bhosale appeared for the complainant. 

Case Title: Sajjan Hirchand Gusinge vs State of Maharashtra & XYZ