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    SK Vs Union of India - Indian Kanoon - para 5, 6, 7

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    adv.adsawlani
    The document discusses a court case where the petitioner seeks to have his name masked in a past court judgment from 2018 where he was acquitted of charges. The court orders that the petitioner's name be masked on the online portal where the judgment is available until the next hearing to address privacy concerns, given he was found not guilty.

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    SK Vs Union of India - Indian Kanoon - para 5, 6, 7

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    adv.adsawlani
    15 views2 pages
    The document discusses a court case where the petitioner seeks to have his name masked in a past court judgment from 2018 where he was acquitted of charges. The court orders that the petitioner's name be masked on the online portal where the judgment is available until the next hearing to address privacy concerns, given he was found not guilty.

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    SK vs Union of India - Indian Kanoon - Para 5, 6, 7

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    The document discusses a court case where the petitioner seeks to have his name masked in a past court judgment from 2018 where he was acquitted of charges. The court orders that the petitioner's name be masked on the online portal where the judgment is available until the next hearing to address privacy concerns, given he was found not guilty.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    15 views2 pages

    SK Vs Union of India - Indian Kanoon - para 5, 6, 7

    Uploaded by

    adv.adsawlani
    The document discusses a court case where the petitioner seeks to have his name masked in a past court judgment from 2018 where he was acquitted of charges. The court orders that the petitioner's name be masked on the online portal where the judgment is available until the next hearing to address privacy concerns, given he was found not guilty.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    You are on page 1of 2

    SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.

    Page 1 Thursday, April 04, 2024


    Printed For: Mr. Aman Vachher
    SCC Online Web Edition: http://www.scconline.com
    © 2024 EBC Publishing Pvt. Ltd., Lucknow.
    -----------------------------------------------------------------------------------------------------------------------------------------------------------

    2023 SCC OnLine Del 3544

    In the High Court of Delhi at New Delhi


    (BEFORE PRATHIBA M. SINGH, J.)

    SK … Petitioner;
    Versus
    Union of India and Others … Respondents.
    W.P.(C) 5400/2023 and CM APPL. 21149/2023
    Decided on May 29, 2023
    Advocates who appeared in this case:
    Mr. Prashant Diwan & Ms. Kushika Chachra, Advocates (M-
    9560093153)
    Mr. Ravi prakash (CGSC), Mr. Ankit Verma, Mr. Farman Ali, Ms. Astu
    Khandelwal. Ms. Usha Jamnal & Mr. Yasharth Shukla, Advocates for R-1.
    (M : 9469448888)
    Ms. Mamta Rani Jha, Mr. Rohan Ahuja, Ms. Shruttima Ehersa, Mr.
    Vatsalya Vishal & Ms. Amishi Sodani, Advocate for R-2. (M :
    7046687173)
    The Order of the Court was delivered by
    PRATHIBA M. SINGH, J.:— This hearing has been done through
    hybrid mode.
    2. The Petitioner has approached this Court seeking masking of his
    name in the judgment dated 4th July, 2018 of the Court of the ld. ASJ,
    North, Rohini Courts, titled ‘State v. SK’.
    3. The case of the Petitioner is that he is 29 years of age and an FIR
    came to be registered against him under Section 376/506 of the Penal
    Code, 1860 bearing No. 127/2016. Though the chargesheet was filed,
    in the said case, the Petitioner was acquitted of all charges. The
    judgment of acquittal is on record. As per the said judgment, the
    prosecutrix's testimony was held to be not trustworthy and reliable and
    was also held to be not corroborated on material points with the
    testimony of other prosecution witnesses. The Petitioner was,
    accordingly, acquitted of all charges.
    4. The case of the Petitioner, further, is that he has currently been
    made to suffer immensely due to the existence of the said judgment on
    the internet. Even a mere search on the web reflects the name of the
    Petitioner. According to him, the same is also affecting his personal life
    and family life.
    5. Heard. A perusal of the judgment would show that no case was
    made out against the Petitioner beyond reasonable doubt. In fact, the
    SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
    Page 2 Thursday, April 04, 2024
    Printed For: Mr. Aman Vachher
    SCC Online Web Edition: http://www.scconline.com
    © 2024 EBC Publishing Pvt. Ltd., Lucknow.
    -----------------------------------------------------------------------------------------------------------------------------------------------------------

    Court has held the testimony of the prosecutrix as being not


    trustworthy. The relevant portion of the judgment acquitting the
    Petitioner is set out below:
    “51. Since, the testimony of prosecutrix is not trust-worthy and
    reliable and is not corroborated on material points with the
    testimony of other Pws and she also improved her testimony coupled
    with the facts that there are infirmities in the prosecution case and
    there is nothing on record to connect the accused with the
    commission of offence, I am of the considered view that prosecution
    has miserably failed to bring home the guilt of the accused beyond
    reasonable doubt.
    52. Accordingly, accused Shobhit Kohli is acquitted of the
    offences, he was charged with. His personal bond and surety bond
    are hereby cancelled. His surety is discharged.”
    6. Accordingly, under such circumstances, since the judgment is
    openly available on the Indian Kanoon website and is also accessible
    through any web search including Google Search, till the next date of
    hearing it is directed that the name of the Petitioner shall be masked on
    the Indian Kanoon portal. In effect, therefore, if the said judgment
    becomes visible in a search result or google search, the name would
    also not be visible.
    7. Accordingly, it is directed that the Indian Kanoon may mask the
    name of the Petitioner from the judgment within a week. Let a copy of
    this order be sent to the email ID : webmaster@indiankanoon.com to
    remove/mask the name of the Petitioner on the following link:
    https://indiankanoon.org/doc/162755898/
    8. The Respondent No. 3 shall also place on record an affidavit
    stating the policy in respect of the right to be forgotten as also as to
    the policy in respect of masking of names in such cases including in
    judgments of this Court as also in orders/decisions passed by the Trial
    Courts.
    9. Let the counter affidavits by all the Respondents be filed within
    six weeks. Rejoinder, thereto, to file within four weeks.
    10. List Before Registrar on 31st August, 2023.
    11. List before Court along with the connected matters on 5th
    October, 2023.
    12. Order Dasti.
    ———
    Disclaimer: While every effort is made to avoid any mistake or omission, this casenote/ headnote/ judgment/ act/ rule/
    regulation/ circular/ notification is being circulated on the condition and understanding that the publisher would not be
    liable in any manner by reason of any mistake or omission or for any action taken or omitted to be taken or advice
    rendered or accepted on the basis of this casenote/ headnote/ judgment/ act/ rule/ regulation/ circular/ notification. All
    disputes will be subject exclusively to jurisdiction of courts, tribunals and forums at Lucknow only. The authenticity of
    this text must be verified from the original source.

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