Scribd
Upload
64 views1 page

Abhay Manohar Sapre and U.U. Lalit, JJ

This Supreme Court of India order dismissed a petition challenging a conviction and sentence for rape and kidnapping. While dismissing the petition, the Court noted the victim had been named in court documents, contrary to Section 228A of the Indian Penal Code which aims to protect victim identities. The Court directed the High Court registry to make appropriate changes to court records and pass directions to comply with Section 228A.

Uploaded by

Nikita Dubey
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
64 views1 page

Abhay Manohar Sapre and U.U. Lalit, JJ

This Supreme Court of India order dismissed a petition challenging a conviction and sentence for rape and kidnapping. While dismissing the petition, the Court noted the victim had been named in court documents, contrary to Section 228A of the Indian Penal Code which aims to protect victim identities. The Court directed the High Court registry to make appropriate changes to court records and pass directions to comply with Section 228A.

Uploaded by

Nikita Dubey
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 1

MANU/SC/0717/2018

Equivalent Citation: 2018(192)AIC 91, 2018 (105) AC C 1007, 2018(3)C rimes463(SC ), 2018 (4) KHC 508, 2019-1-LW(C rl)960,
2018(III)MPJR(SC )212, 2018(3)N.C .C .31, 2018(9)SC ALE44, (2018)7SC C 499, 2019 (3) SC J 332

IN THE SUPREME COURT OF INDIA


S.L.P. (Criminal) No. 5631 of 2018 (Arising out of SLP (Cri.) D. No. 18436/2015)
Decided On: 05.07.2018
Appellants: Lalit Yadav
Vs.
Respondent: The State of Chhattisgarh
Hon'ble Judges/Coram:
Abhay Manohar Sapre and U.U. Lalit, JJ.
Counsels:
For Appellant/Petitioner/Plaintiff: Akshat Shrivastava, Sarabjeet Dutta and Pooja
Shrivastava, Advs.
Case Category:
CRIMINAL MATTERS - MATTERS RELATING TO SEXUAL HARASSMENT, KIDNAPPING
AND ABDUCTION
ORDER
Delay condoned.
1 . The petitioner was convicted under Sections 376 Indian Penal Code and Section
342 Indian Penal Code and sentenced to substantive sentences of seven years and
one year respectively. His conviction and sentence has been affirmed by the High
Court by dismissing present appeal. We do not see any reason to upset the orders of
conviction and sentence and as such this petition stands dismissed.
2 . We, however, notice from the judgments of both, the trial court and the High
Court that the victim in the present case who was examined as PW2 has been named
all through. Such a course is not consistent with Section 228-A of Indian Penal Code
though the explanation makes an exception in favour of the judgments of the
superior court. Nonetheless, every attempt should be made by all the courts not to
disclose the identity of the victim in terms of said Section 228-A Indian Penal Code.
It has been so laid down by this Court in State of Punjab v. Ramdev Singh reported in
MANU/SC/1063/2003 : (2004) 1 SCC 421.
3 . While dismissing the present matter, we direct the Registry of the High Court to
place the record of the appeal in the High Court before the learned Judge for causing
appropriate changes in the record including passing appropriate practice directions so
that the trial courts in the State comply with the mandate and spirit of Section 228-A
Indian Penal Code.
© Manupatra Information Solutions Pvt. Ltd.

22-10-2021 (Page 1 of 1) www.manupatra.com Dr. Vishwanath Karad MIT World Peace University

You might also like