Order No. 04. (Through hybrid Mode)

1. This CRLMC has been filed for quashing the criminal proceeding against the petitioner for commission of offences punishable under Sections 363/342/ 376 (2) (n)/ 376 (3)/ 506 and 34 of the Indian Penal Code (in short “IPC”) read with Section 4/6/17 of the Protection of Children from Sexual Offences Act ( in short “POCSO” Act) , on the ground of amicable settlement.

2. While perusing the record, it has come to the notice of the Court that in violation of the directions in a number of decisions and orders of the Supreme Court as well as this Court, the counsel for the petitioner has mentioned the name of the victim in the CRLMC. Her name also appears in some of the Annexures. The distressing feature is that, the Registry has accepted the petition without any demur or objection.

3. This should have been detected at the time of filing by the officer who registered the CRLMC or at least during Stamp Reporting by the Stamp Reporter and remedial measures taken immediately, but this unfortunately has not been done, for which her name is available in the physical as well as digital record. This lapse is a matter of grave concern.

4. Section 228 A has been brought into the of the Cr.P.C way back in 1983. There have been some amendments to the Section in 2013 and 2018. The provision is extracted below:-

“228A. Disclosure of identity of the victim of certain offences, etc.--(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an 2[offence under section 376, 3[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB] or section 376E] is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

(2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication (a) by or under the order in writing of the officer-in- charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or (b) by, or with the authorisation in writing of, the victim; or (c) where the victim is dead or minor or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim:

Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.

Explanation.--For the purposes of this sub-section, "recognised welfare institution or organisation" means a social welfare institution or organisation recognised in this behalf by the Central or State Government.

(3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

Explanation.--The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.].”

5. Sections 23 (2), 24 ( 5) and 33 ( 7) of the POCSO Act, provide as follows:

23. Procedure for media. ……

“(2) No reports in any media shall disclose, the identity of a child including his name, address, photograph, family details, school, neighbourhood or any other particulars which may lead to disclosure of identity of the child:

Provided that for reasons to be recorded in writing, the Special Court, competent to try the case under the Act. may permit such disclosure, if in its opinion such disclosure is in the interest of