STATE OF UTTARANCHAL Vs. BINDER SINGH SAINI

JUDGEMENT

(1.) Heard Mr. Amit Kapri, Brief Holder for the appellant/State and Mr. R.P. Nautiyal, Senior Advocate assisted by Mr. Prashant Khanna, Advocate for the respondent.

(2.) At the outset, it needs to be mentioned here that the present matter pertains to Section 376 of IPC. By an amendment in the I.P.C., Section 228-A has been inserted vide Act No. 43 of 1983, which bars the disclosure of the identity of the prosecutrix by publication and in fact it makes it an offence. Although, printing and publication in a law journal is not included in the definition of "printing and publication" in the above provision for which there are several pronouncements by the Hon'ble Supreme Court, yet, purely for reasons of abundant precaution, the name of the alleged victim has not been mentioned in the present judgment and the alleged victim is only addressed here as the "prosecutrix".

(3.) The present appeal arises out of the judgment and order dated 22.9.2005 passed by the learned Sessions Judge, Dehradun in Sessions Trial No. 112/2004, whereby the respondent/accused i.e. Binder Singh Saini was acquitted from the charges under Sections 363, 366 and 376 IPC.