XXXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) Exordially, this Court is fully conscious of the agony and apprehension of the petitioner and travels with her to the fullest extent, without any reservation.

(2.) The petitioner is the hapless victim of a sexual offence allegedly committed on her by a Police Officer. It transpires that the said accused obtained bail from this Court; and, on the allegation that, in spite of the conditions imposed, he had committed further offences, the prosecution and the petitioner moved independent applications before the learned Magistrate for cancellation of his bail. Pertinently, both these applications were dismissed by the learned Magistrate; but, while delivering judgment, due to an obvious omission, in the order relating to the application of the petitioner, her name and identity were not anonymised.

(3.) There can be little doubt that the publication of the name and identity of the petitioner must have caused her great agony; and as I have said in the opening paragraph of this judgment, there can be no justification for this, in any manner whatsoever.