Non-Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Special Leave Petition (Crl.) No. 7159 of 2022
The State of Kerala
…Petitioner
Versus
Sister Amala & Anr.
…Respondents
ORDER
C.T. RAVIKUMAR, J.
1.
This petition seeking leave to appeal is filed by State of
Kerala against the final order dated 03.03.2022 passed by High
Court of Kerala in Criminal MC No. 1184/2022, whereby all
further proceedings against the petitioners therein/respondents
herein in Crime No. 1019/2018 of Kuravilangadu Police Station
were quashed. On 05.08.2022 when this matter came up for
hearing the SLP was dismissed observing that the detailed
judgment/order would follow. The order dated 05.08.2022 reads
thus:
“Although, we do not appreciate the finding
recorded by the High Court in the impugned judgment
by looking to the fact that this is a matter of 2018 and
four years have rolled by this time.
In changed circumstances, this court may not like
to open the issue any further.
The
special
leave
petition
is
dismissed
accordingly.
The detailed judgment/order to follow.”
This detailed order is being passed in terms of the afore-
quoted order dated 05.08.2022.
2.
Crime No. 1012/2018 of Kuravilangadu Police Station was
registered against the respondents herein, who are nuns, under
Section 228A of Indian Penal Code (IPC) for having disclosed the
identity of the rape victim in Crime No. 746/2018 of
Kuravilangadu Police Station registered under Sections 342,
376(2)(k), 376(2)(n), 376A and 506, IPC. The criminal law was set
in motion by the First Information Statement (FIS) to the effect
that the respondents herein have published photograph of the
victim in the aforementioned crime through social media
platform, WhatsApp. Obviously, in the investigation conducted
it was found that the respondents had actually sent e-mail to
three un-named persons working as media persons and
consequently, the final report to that effect was filed under
Section 173(2) of the Code of Criminal Procedure (Cr.PC) and
ultimately it was taken as S.T. No. 4981/2019 on the file of Judicial
First Class Magistrate Court-I, Pala. The stated Criminal MC was
filed by the respondents herein seeking quashment of final
report in S.T. No. 4981/2019 and all further proceedings
pursuant thereto.
3.
Heard the learned counsel for the petitioner. We have
already made it clear in the order dated 05.08.2022, for the
reasons stated therein, that though we do not appreciate the
finding recorded by the High Court in the impugned order, we
do not think it necessary to open the issue any further.
4.
The very avowed purpose and object of introduction of
Section 228-A of IPC as per Amendment Act 43 of 1983 with effect
from 25.12.1983, is to prevent social victimisation or ostracism of
the victim of a sexual offence. This Court in Nipun Saxena & Anr.
v. Union of India & Ors.1 held that no person shall print or
publish in print, electronic, social media, etc. the name of the
victim in a sexual offence or in a remote manner disclose any fact
which could leave the victim being identified or which should
1 (2019) 2 SCC 703
make her identity known to the public at large, taking it into
account the legislative intent viz., to protect such victims from
any hostile discrimination or harassment in future. Thus, now in
view of the provisions under Section 228-A, IPC and the decision
in Nipun Saxena’s case (supra), it is clear as to what is permitted
and what is not permitted, under the said provision. As stated
earlier the respondents herein who were accused of commission
of offence under Section 228A, IPC and the victim in the stated
crime are nuns. In the decision in Mahant Sital Das v. Sant Ram
& Ors.2 at paragraph 20 this Court held “It is well known that
entrance into a religious order generally operates as a civil death.
The man who becomes an ascetic severs his connection with the
members of his natural family and being adopted by his preceptor
becomes, so to say, a spiritual son of the latter. The other disciples
of his Guru are regarded as his brothers, while the co-disciples of
his Guru are looked upon as uncles and in this way a spiritual
family is established on the analogy of a natural family.”
5.
This, general consequences would follow when someone
takes the veil and joins a nunnery. By taking of perpetual vow
2 AIR (1954) SC 606
the nun concerned joins the other members of the said holy
order and thereby, the other members of the nunnery would
form kindred. As noted in the order dated 05.08.2022, the
occurrence is of the year 2018 and four years have lapsed by
then. Taking all such circumstances, even while stressing the
need to adhere to the mandate under Section 228-A, IPC, we do
not intent to proceed with the matter any further as proceeding
further may, in the peculiar circumstances, defeat the object and
purpose of the said provision. Accordingly, the Special Leave
Petition stands dismissed.
……………………, J.
(Ajay Rastogi)
……………………, J.
(C.T. Ravikumar)
New Delhi;
August 05, 2022