It is noticed that while framing of charge, recording
evidence, recording statement of accused under section 313 of the
Code of Criminal Procedure, name of the victim is disclosed.
Therefore, while framing charge, mentioning name of the victim
should be avoided. Instead he/she should be referred to as ‘X’ or any other alphabet the Court deems ft and proper. While recording evidence if the witness mentions the name of the victim, the Court shall record that “the witness stated the name of the victim but to conceal her identity, her name is not recorded.” And the victim should be referred to in the same manner as is done during the framing of charge.{Para 16}
17. If the witness is a victim, his/her name should not be
disclosed while recording evidence. Her name, place of residence,
age, occupation shall be kept in a sealed cover and in the name
column, she can be referred in the same manner described while
framing charge keeping the address column, occupation column
blank.
18. The same procedure should be followed while recording
statement under section 313 of the Code of Criminal Procedure.
While recording statement under section 313 of the Code of Criminal Procedure, the Court shall refer the victim in the manner she is referred to while framing charge.
19. While forwarding remand report to the Magistrate or to
the court dealing with remand, mentioning of name of the victim
should be avoided. Instead she should be referred as ‘X’ or any other alphabet the Investigating Offcer deems ft and proper.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL PUBLIC INTEREST LITIGATION NO. 1 OF 2016
Sangita w/o Yeshwant Tanpure Vs The State of Maharashtra
CORAM : T.V. Nalawade & M.G. Sewlikar, JJ.
PRONOUNCED ON : 19th January, 2021.
