KALLU Vs. STATE OF U. P.

JUDGEMENT

(1.) The appellant has preferred this appeal from jail challenging his conviction and sentence recorded by Additional Sessions Judge, Court no. 1, Mainpuri in S. T. no. 25 of 2011 vide judgment dated 30.3.2012 for the offence punishable u/s 376/511 IPC and had been sentenced to undergo ten years' R. I. and fine of Rs. 10,000/- with default stipulation.

(2.) The learned trial Court has erred in mentioning the name of the victim in its judgment, which was prohibited by insertion of Section 228-A of the Indian Penal Code, 1860 (in short the 'IPC'). This section makes disclosure of identity of victim of certain offences punishable. Printing or publishing name or any matter which may make known the identity of any person against whom an offence under Sections 376, 376-A, 376-B, 376-C or 376-D is alleged or found to have been committed can be punished. True it is, the restriction does not relate to printing or publication of judgment by High Court or Supreme Court. But keeping in view the social object of presenting social victimization or ostracism of the victim of a sexual offence for which Section 228-A has been enacted, it would be appropriate that in the judgments, be it of this Court or lower Court, the name of the victim should not be indicated. Thus, I have chosen not to disclose her name and describe her as 'victim' in the judgment.

(3.) Shorn of unnecessary details, the prosecution story against the appellant was that on 6.11.2010 at 7.00 p.m. he way laid the 8-years' old daughter of his co-villager complainant Bal Kishan s/o Chhotey Lal r/o Village Patharia P. S. Bhogaon District Mainpuri and took her inside his room. He frightened, bet the victim and with ill intention took out her panty. She raised hue and cry which attracted her father to the room of the accused where he found that the panty of his daughter was taken off and in presence of other villagers she told them that the accused intended to outrage her modesty. The accused was apprehended at the spot and taken to police station, where the complainant submitted written report on the same day at 8:30 p.m., on its basis case u/s 376/511 IPC was registered against the appellant at crime no. 1390 of 2010, investigation whereof was entrusted to SI Sharvan Kumar Shukla. The accused and the victim were sent for medical examination. The investigation ended in charge-sheet against the accused-appellant.