The Madhya Pradesh High Court recently issued show-cause notice to a trial court judge for disclosing the name of a rape victim in the deposition (Mahesh Kushwaha v. State of MP and Another).

Single-Judge Justice Deepak Kumar Agarwal said that it amounted to a violation of Section 228A of Indian Penal Code and the directions of the Supreme Court in the case of Nipun Saxena v. Union of India.

The High Court was hearing a bail application filed by a rape accused under Section 439 of Criminal Procedure Code (CrPC).

The accused Mukesh Kushwaha was booked for offences punishable under Sections 376 and 506 of Indian Penal Code 1860 and Sections 5(n)/6(a) and Sections 11/12 of Protection of Children from Sexual Offences (POCSO) Act 2012.

The High Court while granting bail to the accused noted that the trial court has disclosed the name of the rape victim

Taking strict cognizance of the same, the Court noted,

"The Court below has disclosed the name of the prosecutrix, who is a rape victim, in the deposition which is inconsistent with the provision of Section 228-A of Indian Penal Code and is in violation of the direction of the Apex Court in the case of Nipun Saxena vs. Union of India [(2019) 2 SCC 703]."

The Court therefore, issued show-cause notice to the trial court judge seeking explanation as to why appropriate disciplinary action should not be taken against him/her.

[Read Order]