Whether it is a complaint letter or FIR document, even the name of the abused minor cannot be made public in the physical examination report. The Calcutta High Court recently issued such an order while announcing the verdict in a Pokso case that took place in 2014. The court also directed to add 11 additional rules to the guidelines laid down by the Supreme Court. This order was given by the single bench of Justice Vivek Chowdhury.
In giving its directions, the court observed that the OC of each police station should ensure that the name of the victim is not mentioned in the charge sheet of the Pokso case. In that case, the age of the victim during the investigation, in addition to his father’s name, the relevant issues are enough to identify him. Investigating officers will not even be able to name the victim in the FIR or the chargesheet. In that case, it should be mentioned only as torture. Not only that, in the chargesheet of the case, in the column allotted for the witnesses, it should also be mentioned as torture. The name of the abused child cannot be recorded even while taking his statement. Investigators should also mention the statement of torture there.
Similarly, the name of the victim cannot be recorded while giving a confidential statement before a magistrate. Magistrates also have to be careful when signing and affixing individual statements of torture. They have to read out what is written in the statement. The front cover should be kept in the envelope while keeping the documents related to the case of the special court. The name of the victim cannot be mentioned in the verdict document of the case. Not only that, the physical examination documents or forensic report of the victim cannot mention the name of the victim.
The court directed that the guideline documents be sent immediately to the DG of Police, State Government, Commissioner of Police, Kolkata and other Commissionerates, Secretary of State Health Department, Secretary of Health and Family Welfare Department and all Poksoor Special Courts of the State.
According to the case statement, the incident took place at Bhadrakali in Uttarpara during Durga Puja in 2014. Honest father has been accused of sexually abusing a minor girl more than once. After this incident, the abused minor told her mother all the facts. Husband and wife got into a dispute over this. On December 7 of that year, the victim’s mother lodged a complaint with the Uttarpara police station. Police arrested the accused honest father in the investigation.
In the same year, a special Pokso court of Srirampur court convicted the accused and sentenced him to five years imprisonment. On July 8, 2016, the accused challenged the verdict and appealed to the High Court. The case has been pending in the court since then. The High Court recently disposed of the case.
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