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Criminal LawSupreme Court of India

Lalit Yadav v. The State of Chhattisgarh

Special Leave Petition (Criminal) · 2018 INSC 585Decided 5 Jul 2018
Special Leave Petition (Criminal) No. 5631 of 2018
Justice Abhay Manohar Sapre · Justice Uday Umesh Lalit

Background

The petitioner was convicted under Sections 376 (rape) and 342 (wrongful confinement) of the IPC and sentenced to seven years and one year of imprisonment respectively. The High Court had dismissed his appeal and affirmed both the conviction and sentence. He then approached the Supreme Court by way of a Special Leave Petition challenging that outcome.

Decision Breakdown

The Supreme Court found no reason to interfere with the conviction and sentence and dismissed the petition. However, the Court noted that the victim (examined as PW2) had been named throughout the trial court and High Court judgments, which is inconsistent with Section 228-A IPC's protection of a rape victim's identity (an exception exists only for judgments of superior courts). Relying on its earlier ruling in State of Punjab v. Ramdev Singh, (2004) 1 SCC 421, the Court directed that courts must make every effort not to disclose a victim's identity. It further directed the Registry of the High Court to place the matter before the concerned Judge so that appropriate practice directions could be issued ensuring trial courts comply with Section 228-A IPC going forward.

Lesson Learnt

Even while upholding a conviction, courts are duty-bound to protect the anonymity of sexual assault victims under Section 228-A IPC, and routine naming of victims in judicial records is impermissible and must be systemically corrected.

Lalit Yadav v. The State of Chhattisgarh – Legal Case Shots | LegalAware