The division bench of Bombay High Court comprising Justices Revati Mohite Dere and Prithviraj Chavan slapped costs of Rs. 5000 on the law firm that drafted the petition after taking significant issue to the revelation of a rape victim's name in the petition.
Despite Section 228A of the IPC requiring that the name of the rape victim not be disclosed and a 2-year sentence being imposed for the revelation, a division bench observed that attorneys frequently do not refrain from using the victim's name.
"Despite Section 228A of the Indian Penal Code and despite repeatedly telling the Advocates that it is an offence to disclose the name of the prosecutrix which is punishable with two years, the name of the prosecutrix is disclosed in the aforesaid petition. Hence, the law firm, who drafted the petition, to deposit costs of Rs.5,000/- with the Kirtikar Law Library within two weeks from today."
When the Pune police filed a FIR against an accused under Sections 376 (rape), 406 (criminal breach of trust), and 420 (cheating) of the Indian Penal Code, the court decided to issue the ruling (IPC).
The court approved the change but assessed the law firm with expenses. Additionally, notices were sent to the respondents and the petitioner was ordered to modify the plea.
"On amendment being carried out, issue notice to the respondents returnable on 8th February, 2023. Learned APP waives notice on behalf of the Respondent No.2-State," said the court.
The bench postponed the trial court's case proceedings to the next scheduled hearing on February 8, 2023.
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