Decided on July 03,2013

Jai Prakash Rastogi Respondents


- (1.) At the outset, it needs to be mentioned here that the present matter pertains to Section 376 of IPC. By an amendment in the I.P.C., Section 228-A has been inserted vide Act No. 43 of 1983, which bars the disclosure of the identity of the prosecutrix by publication and in fact it makes it an offence. Although, printing and publication in a law journal is not included in the definition of "printing and publication" in the above provision for which there are several pronouncements by the Hon'ble Supreme Court, yet. purely for reasons of abundant precaution, the name of the alleged victim has not been mentioned in the present judgment and the alleged victim is only addressed here as the "prosecutrix".
(2.) At the initial stage when this case had come up for final hearing, there was no one to represent the accused. Therefore, this Court appointed Mr. R.C. Tamta a practicing advocate of this Court as amicus curiae who took further time to prepare the matter on more than one occasion. Thereafter, purely in the interest of justice, this Court appointed another amicus curiae who is also a practicing advocate of this Court Mr. J.S. Virk, and both Mr. R.C. Tamta and Mr. J.S. Virk requested adjournment in the matter. Sri J.S. Virk again took time to prepare the matter and the matter was adjourned again.. Finally this court was informed that one of the accused Mr. Shashi Kant Sharma has now engaged a private counsel i.e. Sri Lokendra Dobhal. Advocate in the matter, hence Mr. Lokendra Dobhal was given further time to prepare the matter. Mr. R.C. Tamta and Mr. J.S. Virk, amicus curiae continued to assist the Court on behalf of remaining accused namely Mr. Jai Prakash Rastogi. The matter is now being heard finally.
(3.) Heard parties at length. Heard Mr. Hari Om Bhakuni, Brief Holder for the State, Mr. Lokendra Dobhal, Advocate for respondent/ accused No. 2 and Mr. R.C. Tamta and Mr. J.S. Virk, Amicus Curiae for respondent No. 1.;

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