Delhi HC Directs Indian Kanoon To Mask Name Of Person Acquitted In Rape Case Considering Open Access To Judgment
|The Delhi High Court has directed the legal search engine, Indian Kanoon to mask the name of the petitioner from the judgment titled ‘State v. SK’, considering the fact that he was acquitted in the said judgment for an alleged rape. The Court further directed to do so within a week.
“Accordingly, under such circumstances, since the judgment is openly available on the Indian Kanoon website and is also accessible through any web search including Google Search, till the next date of hearing it is directed that the name of the Petitioner shall be masked on the Indian Kanoon portal. In effect, therefore, if the said judgment becomes visible in a search result or google search, the name would also not be visible”, a bench of Justice Pratibha M Singh observed in the matter.
Advocate Prashant Diwan appeared for the petitioner, and Advocate Ravi Prakash (CGSC) appeared for the respondents.
In the pertinent matter, an FIR was registered against the petitioner (29 years of age) under Section 376/506 of the Indian Penal Code, 1860. Though the charge sheet was filed, however, he was acquitted of all charges.
As per the ASJ, North, Rohini Courts’ judgment dated July 4, 2018, the prosecutrix’s testimony was held to be not trustworthy and reliable. Further, it was observed that the same was not even corroborated on material points with the testimony of other prosecution witnesses. Resultantly, the petitioner was, acquitted of all charges.
Therefore, the petitioner urged that he is suffering immensely due to the existence of the said judgment on the internet.
Even a mere search on the web reflects the name of the Petitioner. According to him, the same is also affecting his personal life and family life.
Therefore, while directing that Indian Kanoon may mask the name, it was also directed to place an affidavit on record stating the policy in respect of the right to be forgotten as also as to the policy in respect of masking of names in such cases including in judgments of this Court as also in orders/ decisions passed by the Trial Courts.
The bench further listed the matter for October 5, 2023.
Cause Title: SK v. Union Of India
Click here to read/download the Order