HP High Court Directs DGP To Issue Necessary Instructions To Investigating Officers To Not Disclose Identity Of POCSO Victims
|The Himachal Pradesh High Court has directed the Director General of Police (DGP) to issue necessary instructions to all investigating officers in the state to adhere strictly, in letter and spirit, to Section 33(7) of the Protection of Children from Sexual Offences (POCSO) Act.
While granting bail, the Court noted that the investigating officer had mentioned all details about the child victim and her family, which contravenes Section 33(7) of the POCSO Act.
Justice Virender Singh observed, “Considering the violation of Section 33 (7) of the POCSO Act, it is high time for this Court to take steps, in this regard. Consequently, the Director General of Police, Himachal Pradesh, through the Principal Secretary (Home) to the Government of Himachal Pradesh, is directed to issue necessary instructions to all the Investigating Officers, in the State, to adhere to the provisions of Section 33(7) of the POCSO Act”.
Advocate Ganesh Barowalia appeared for the Applicant, and Additional Advocate General Mohinder Zharaick appeared for the Respondent.
Per the complaint, the Child Victim had gone to school for a Republic Day Function and did not return home. Upon investigation, the child victim was found in the exact location as the Applicant. It was found that the child victim was in contact with the Applicant, who had allegedly enticed the child victim. The Applicant approached the Court by way of a Criminal Application seeking release on bail during the pendency of his trial arising out of an FIR lodged under Sections 363 and 376 of the Indian Penal Code (IPC) and Sections 4 and 6 of the POCSO Act. The Applicant contended that he was innocent and was falsely implicated.
The Court observed that dismissing the bail application of an accused during the pendency of the trial is nothing but punishing the accused, which is prohibited under the law. The Court asserted that the accused is innocent until proven guilty in the trial; therefore, the bail application cannot be rejected.
Accordingly, the Court granted bail.
Cause Title: Naveen Thapa v State of Himachal Pradesh