- विज्ञापन -
Shimla: The state high court has issued strict instructions to the district courts to keep the identity of the victim secret. The court has asked these courts to ensure full compliance with the provisions of the POCSO Act.
While disposing of the case related to POCSO, a division bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja said that in the present case, there is no such fact on the record of the trial court, which shows that the screening process under Section 36 of the Act was followed at the time of recording the evidence of the victim. After observing the record, the court found that during the trial, the name of the victim, her sisters, and her mother, as well as her village and school, had been disclosed, which is a violation of the statutory mandate.
Therefore, the court has directed all the special courts in Himachal Pradesh to take all measures to ensure this under the POCSO Act. Section 36 of the said Act allows the victim child to give evidence in such a manner that he or she does not come into contact with the accused while recording the evidence. It will enable such a child to record the statement through video conferencing or using a single-visibility mirror or curtain.
Section 37 of the Act states that the cases shall be heard in a closed room in the presence of the victim child’s parents or any other person whom the child trusts. The court has directed the Registrar General to send a copy of this decision to all the District and Sessions Judges of Himachal Pradesh as well as Special Courts (POCSO).
