CASE TITLE: Mahesh Kushwaha v. State of MP and Another

The Madhya Pradesh High Court recently announced a show-cause order to a trial court judge for exposing the identity of a rape victim during a deposition.

According to Justice Deepak Kumar Agarwal, a single-judge, it amounted to a breach of Section 228A of the Indian Penal Code and the Supreme Court’s directives in the case of Nipun Saxena v. Union of India.

The High Court was hearing a bail motion submitted by a rape suspect under Criminal Procedure Code Section 439. (CrPC).

Mahesh Kushwaha was charged with violating Sections 376 and 506 of the Indian Penal Code 1860, as well as Sections 5(n)/6(a) and 11/12 of the Protection of Children from Sexual Offences (POCSO) Act 2012.

While awarding bail to the guilty, the High Court noted that the trial court had revealed the identity of the rape case victim.

“The Court below has revealed the name of the prosecutor, who is a rape victim, in the deposition,” the Court noted, “which is contrary with the terms of Section 228-A of the Indian Penal Code and is in infringement of the Apex Court’s direction in the case of Nipun Saxena vs. Union of India [(2019) 2 SCC 703].”

As a result, the Court issued a show-cause order to the trial court judge, requesting an explanation for why proper disciplinary action should not be taken against him/her.

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