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2008 Supreme(SC) 1407

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Premiya @ Prem Prakash – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
For the Appellant :Ajit Kumar Pande, Advocate.
For the Respondent:Kumar Kartikay, Ranvijay and Jatinder Kumar Bhatia, Advocates.

Judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the Judgment of a learned Single Judge of the Rajasthan High Court at Jodhpur dismissing the appeal filed by the appellant and upholding his conviction for offence punishable under Section 376 of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentence of 7 years imprisonment as was imposed by learned Additional Sessions Judge No.2, Hanumangarh.

3.We do not propose to mention name of the victim. Section 228-A of IPC makes disclosure of identity of victim of certain offences punishable. Printing or publishing name of any matter which may make known the identity of any person against whom an offence under Sections 376, 376-A, 376-B, 376-C or 376-D is alleged or found to have been committed can be punished. True it is, the restriction, does not relate to printing or publication of Judgment by High Court or Supreme Court. But keeping in view the social object of preventing social victimization or ostracism of the victim of a sexual offence for which Section 228-A has been enacted, it would be appropriate that in the Judgments, be it of this Court, High Court or lower Court, the name of the victim shoul

















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