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The Bombay High Court recently observed that despite repeatedly telling advocates to not reveal the name of a rape victim, which was a punishable offence with two years of imprisonment, the name of the victim was disclosed in a petition. The Court imposed a cost of Rs 5,000 on the law firm that drafted the petition for disclosing the name. The lawyers had sought to amend the plea to mask the victim’s name wherever it appeared in the plea, which the bench allowed.
A division bench of Justice Revati Mohite-Dere and Justice Prithviraj K Chavan made the observation Thursday while hearing an accused’s plea to quash the FIR registered against him by the Pune police under Sections 376 (rape), 406 (criminal breach of trust), and 420 (cheating) of the Indian Penal Code (IPC).
Advocate Zaid Anwar Qureshi, instructed by law firm Huyalkar & Associates representing the petitioner man sought leave to amend the plea to mask the name of the victim wherever it appeared in the petition, including in the cause title. The Court allowed the same and asked the lawyer to carry out the amendment the same day.
However, the bench noted that despite repeated reminders that disclosing the name of a rape victim is an offence punishable under Section 228A of the IPC, the victim’s name was disclosed in the present petition.
As per Section 228A of the IPC, “Whoever prints or publishes the name or any matter which may make known the identity of any person (victim) against whom an offence under Section 376 (rape) is alleged or found to have been committed shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.”
“Hence, the law firm, who drafted the petition, to deposit costs of Rs.5,000/- with the Kirtikar Law Library (situated inside HC) within two weeks,” the bench ordered.
It asked the petitioner to amend the plea and also issued notices to the respondents including the state government, the Pune police and the complainant seeking their response during the next hearing.
The Court also directed the petitioner to give a spare copy of the amended plea to the high court registry within two weeks.
The bench deferred the proceedings in the case before the trial court till the next date of hearing on February 8, 2023.
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