New Delhi: Name, parentage or address of a survivor of sexual assault should not be disclosed in any document or report filed in courts, Delhi High Court has cautioned police.While rejecting the bail plea of an accused in a case under Protection of Children from Sexual Offences (Pocso) Act, Justice Swarana Kanta Sharma called upon the police commissioner to instruct all station house and investigating officers to strictly comply with the law against the disclosure of the identity of survivors of sexual offences. The court “noted with concern” that the name of the minor survivor was mentioned in the status report filed by the investigating officer.“The DCP of the area concerned (having jurisdiction over Moti Nagar police station) is directed to sensitise all SHOs under his jurisdiction to strictly ensure that the name, parentage or address of a survivor of sexual assault is not disclosed in any status report or document filed before the courts,” it noted. “Let a copy of this judgment be forwarded to the DCP concerned as well as the commissioner of police, Delhi for information and compliance,” the judge ordered.The high court was dealing with a case where the man allegedly sexually assaulted a girl, who was 12-13 years of age, by taking her away from her home on a false pretext in 2021. It was alleged that he had confined her in a room and forcefully established physical relations with her, and she was subsequently traced and rescued by her family members.The accused contended that he was in a consensual physical relationship with the mother of the prosecutrix and was falsely implicated because the minor resented their relationship. He also claimed that, in 2021, movement of people was restricted and social interaction was minimal due to Covid-19, and therefore, the likelihood of the alleged offence being committed in the manner projected by the prosecution was doubtful.The court, however, observed that the mere fact that the alleged incident had occurred during the pandemic could not, by itself, be a ground to disbelieve the version of the prosecutrix or presume that the offence could not be committed.Justice Sharma said the mother’s alleged visit to the accused in jail or allegedly accepting money from him also did not dilute the gravity of the offence at this stage. “The offence complained of is against a child and its seriousness cannot be assessed through the conduct of a third party,” the court observed, dismissing the bail plea.
