Name of Victim is Not to be Mentioned in Any Proceeding In Cases Relating to Sexual Offences : J&K&L HC Reiterates

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Name of Victim is Not to be Mentioned in Any Proceeding In Cases Relating to Sexual Offences : J&K&L HC Reiterates

A Single Bench of Justice Sanjay Dhar of the High Court of Jammu & kashmir and Ladakh while dealing with a criminal Acquittal Appeal Where the Accused were acquitted of the charges for offences under Section 363, 376, 342, and 109 RPC has taken strong exception to the fact that the trial court in its Judgment has repeatedly mentioned the name of Victim. The court has reiterated the law laid down in  Bhupinder Sharma vs. State of Himachal Pradesh (2003) 8 SCC 551 wherein the Hon’ble Apex Court while keeping in view the social object of presenting social victimization or ostracisms of the victim of a sexual offence has laid down that in the judgments in cases relating to sexual offences, be it of High Court or lower Court, the name of the victim should not be indicated. 

The court has directed the Registry to circulate soft copies of the judgment to all the Criminal Courts of Union Territories of J&K and Ladakh. The court further impressed upon  all the Criminal Courts of Union Territory of Jammu and Kashmir and Ladakh to remain careful while dealing with such cases and not to disclose the identity of Victim in any of its proceedings.

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