New Delhi: The Delhi High Court has directed the police commissioner and AIIMS medical superintendent to issue appropriate guidelines ensuring that all necessary measures are taken to protect the identity of the minor survivors of sexual assault cases.
Justice Dinesh Kumar Sharma directed this while reducing the jail term of a man convicted under the provisions of the Protection of Children against Sexual Offences (POCSO) Act for a minor’s sexual assault, saying that there was only an attempt to commit aggravated penetrative sexual assault.
Trial court sentenced man to 20 years rigorous imprisonment
The man was convicted by the trial court in a case of “aggravated penetrative sexual assault” under the PCOSO Act and was awarded 20 years rigorous imprisonment in 2021. The High Court, while hearing his appeal against conviction and sentence, reduced the jail term to 10 years and a fine of Rs 5,000, after holding him guilty under section 18 of the POCSO Act.
Investigating Officer failed to mask the identity of the victim, High Court noted
The court, while hearing the matter, noted that the Investigating Officer (IO) failed to mask the identity of the victim and said that it reflects poorly on the Investigating Officer and the concerned examining doctor.
“In the present case, the Investigating Officer failed to mask the identity of the victim in any manner, including during the medical examination. This reflects poorly on the Investigating Officer and the concerned examining doctor,” the High Court said.
High Court took into account provisions that prohibits public disclosure of a minor’s identity
The High Court took into account the provisions of the POCSO Act Indian Penal Code (IPC) and the Juvenile Justice (Care and Protection of Children) Act and pointed to the prohibition on the public disclosure of a minor’s identity.
“A copy of this order be sent to the Commissioner of Police and the Medical Superintendent, AIIMS, with directions to issue appropriate guidelines ensuring that all necessary measures are to be taken to protect the identity of the victim in such cases and such violation does not take place in future. The compliance report be place before the court,” the High Court said.
