Court acquits Swati Maliwal, Bhupender Singh in minor survivor's identity disclosure case
Additional chief judicial magistrate Neha Mittal observed that courts have consistently "anonymised" trials involving children to protect their identities. The magistrate stated, "The prosecution failed to prove the commission of the offence under Section 74 of the Juvenile Justice (Care and Protection of Children) Act, read with Rule 86 of the Juvenile Justice Rules by the accused beyond a reasonable doubt.
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The case stemmed from a 2016 FIR filed by Delhi Police, accusing Maliwal and Singh of violating the Juvenile Justice Act by allegedly revealing the identity of the sexual assault survivor through a notice circulated in print, electronic media, and WhatsApp groups. Singh was specifically accused of preparing and circulating the notice.
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Maliwal, as DCW chief, had taken cognisance of the case involving a neighbour who sexually assaulted the minor and allegedly forced a corrosive substance down her throat, causing severe internal injuries.
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On account of the presence of the consent of the survivor's parents to disclose her name, Section 228A (Prohibition on disclosure of identity of the survivor) of the IPC was dropped, and Section 74 of the Juvenile Justice Act was added to the case.
The prosecution claimed Singh sent the notice revealing the survivor's identity to a WhatsApp group named 'DCW Media' and that the notice was subsequently shown on TV channels.
However, the court found no proof that Singh circulated the notice via WhatsApp or shared it with media outlets. Further, footage of the TV broadcast did not reveal the survivor's name or identity.
The court noted that the sending of the notice revealing the identity of the minor survivor on WhatsApp by Singh was not proved, nor did the prosecution establish that he shared a copy of the notice with a news channel. The ACJM observed, "Court holds the accused persons not guilty of the commission of said offence.
Accused persons, namely Swati Maliwal Jaihind and Bhupender Singh, are hereby acquitted of the offence under Section 74, read with rule 86 of the Juvenile Justice Act.
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The court rejected the prosecution's argument that Maliwal could be convicted based on the notice that she sent to the SHO, where the name of the minor was revealed. It said that the police official was in knowledge of all her details, being the one responsible for filing the chargesheet in the FIR.
While acquitting the duo, the court, outlining the vulnerability of a child, pointed out that the aim of the legislatures and the endeavour of the courts is to insulate the child against the cruel vagaries of life which it cannot comprehend and lacks capacity to defend against.
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