Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
S.L.P.(Criminal) No.5631 of 2018
(@ out of SLP(Crl.)D.No.18436/2015)
LALIT YADAV ... APPELLANT(S)
VS.
THE STATE OF CHHATTISGARH ... RESPONDENT(S)
O R D E R
Delay condoned.
1. The petitioner was convicted under Sections 376 IPC and
Section 342 IPC and sentenced to substantive sentences of
seven years and one year respectively. His conviction and
sentence has been affirmed by the High Court by dismissing
present appeal. We do not see any reason to upset the
orders of conviction and sentence and as such this petition
stands dismissed.
2. We, however, notice from the judgments of both, the
trial court and the High Court that the victim in the
present case who was examined as PW2 has been named all
through. Such a course is not consistent with Section
228-A of IPC though the explanation makes an exception in
favour of the judgments of the superior court.
Nonetheless, every attempt should be made by all the courts
not to disclose the identity of the victim in terms of said
Signature Not Verified
Digitally signed by
ANITA MALHOTRA
Date: 2019.01.17
17:12:52 IST
Reason:
Section 228-A IPC. It has been so laid down by this Court
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in State of Punjab v. Ramdev Singh reported in (2004)1 SCC
421.
3. While dismissing the present matter, we direct the
Registry of the High Court to place the record of the appeal
in the High Court before the learned Judge for causing
appropriate changes in the record including passing
appropriate practice directions so that the trial courts in
the State comply with the mandate and spirit of Section 228-
A IPC.
......................J.
[ABHAY MANOHAR SAPRE]
......................J.
[UDAY UMESH LALIT]
New Delhi;
July 5, 2018.
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