HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
VINIT KUMAR MATHUR,
CHANDRA SHEKHAR SHARMA
BABULAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
JUDGMENT :
1. The matter was listed on an application for suspension of sentence; however, with the consent of learned counsel for the parties, the appeal itself was taken up for final hearing and disposal.
2. The Hon’ble Supreme Court in the case of Nipun Saxena & Anr. Vs. Union of India & Ors., (2019) 2 SCC 703, and further reiterated in Birbal Kumar Nishad Vs. State of Chhattisgarh (SLP (Crl.) No. 4540/2021, decided on 30.06.2021) emphasized the mandatory requirement of protecting the identity of victims of sexual offences, and having regard to the provisions of Section 23 of the Protection of Children from Sexual Offences Act, 2012, this Court deems it appropriate to withhold the real name and identity of the victim and her close relatives. Accordingly, for the purpose of maintaining anonymity, the victim has been referred to as the “victim” and/or “Bh” and the accused- appellant being the father of the victim has also been referred to by a fictitious name i.e. “B” in the present judgment.
3. The instant Criminal Appeal under Section 374(2) of the Code of Criminal Procedure has been preferred by the accused- appellant “B” son of Shri Chatra Ram, assailing the legality and validity





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