CALCUTTA HIGH COURT
, CJ
Prafulla Mura v. State of West Bengal
| Table of Content |
|---|
| 1. importance of victim identity protection in legal appeals. (Para 1 , 5 , 6) |
| 2. legal provisions against victim identity disclosure. (Para 2 , 3) |
| 3. court's emphasis on procedural integrity regarding victim identities. (Para 4 , 12) |
1. The present appeal has been filed challenging an order of conviction under S.6 of the POCSO Act . Appellant has arrayed the minor victim as a respondent describing her by name and also disclosing her father's name. We are of the view such disclosure in the petition of appeal runs contrary to the provisions of S.33(7) of the POCSO Act as well as S.228A of the Penal Code, 1860 .
2. S.33 sub-section (7) of the POCSO Act reads as follows: -
'33. Procedure and powers of Special Court.
xxxx xxxx xxxx
(7) The Special Court shall ensure that the identity of the child is not disclosed at any time during the course of investigation or trial:
Provided that for reasons to be recorded in writing, the Special Court may permit such disclosure, if in its opinion such disclosure is in the interest of the child.
Explanation. - For the purposes of this sub-section, the identity of the child shall include the identity of the child's family, school, relativ
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