The High Court of Kerala, through learned judge, Justice Kauser Edappagath in the case CRL.MC NO. 1184 OF 2022 quashed case against nuns who sent rape victim’s photo to media
BRIEF FACTS OF THE CASE: The petitioners filed the writ petition to quash the final report on the file of the Judicial First Class Magistrate Court-I, Pala. The offence alleged against the petitioners was under Section 228A of the IPC. The petitioners are nuns. The prosecution allegation was that the petitioners published a photo of the victim involved in a case under Section 376 of the IPC disclosing her identity. This petition was been filed on the ground that, even if the entire allegations against the petitioners are believed in its entirety, no offence under Section 228A of the IPC is made out.
JUDGEMENT: After hearing the contentions raised by the both parties, the court held that the report which contained the photos of the victim was only a private communication between two parties. The court observed that the circumstances showed that there was no intention on the part of the petitioners to disclose the identity of the victim involved in a sexual offence to the public at large or even to a third party. All further proceedings against the petitioners at Kuravilangadu Police Station were quashed by the court.
JUDGEMENT REVIEWED BY – AMRUTHA K