TEKAN ALIAS TEKRAM Vs. STATE OF M.P (NOW CHHATTISGARH)
Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Crl.), 884 of 2015, Judgment Date: Feb 11, 2016
‘REPORTABLE’
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 884 OF 2015
TEKAN ALIAS TEKRAM …. APPELLANT(S)
VERSUS
STATE OF MADHYA PRADESH
(NOW CHHATTISGARH) … RESPONDENT(S)
J U D G M E N T
M.Y. EQBAL, J.
Aggrieved by the judgment and order dated 16th January, 2014 passed
by the High Court of Chhattisgarh in Criminal Appeal No. 2554 of 1997
affirming the judgment dated 29.11.1997 passed by the Sixth Additional
Sessions Judge, Durg, in Sessions Trial No. 342 of 1996, whereby the
appellant has been convicted under Section 376 IPC and sentenced to 7 years
R.I., the accused-appellant has preferred this appeal challenging the
conviction and sentence.
2. This is a case where the prosecutrix, who is blind and an illiterate
girl, was subjected to sexual intercourse on the promise of marriage.
3. The case of the prosecution in brief is that the prosecutrix was
residing with her father at Village Nandini Khundini. Her mother had left
and married somewhere else and, thereafter, the prosecutrix was living with
her three brothers Nand Kumar, Iswari and Baldau. Along with brother of
prosecutrix Iswari, the accused Tikendra was also studying. Because of the
friendship, the accused used to visit the house of the prosecutrix and was
in conversation with her. It is the case of the prosecution that when the
prosecutrix used to remain alone in her house, the accused used to visit
her and expressed her that he is in love with her. Further, the case of
the prosecution is that about one year before the incident, the accused
came to the house of the prosecutrix when she was alone. Thereafter, the
accused had told her that he is in love with her and will marry her and
wanted to commit sexual intercourse with her. The prosecutrix tried to
avoid it since she was a blind girl, but the prosecutrix was told by the
accused that he will marry her and will give her all support and,
therefore, she submitted herself to the accused. Thereafter, the accused
committed sexual intercourse with her. It is the case of the prosecution
that whenever the prosecutrix remained alone in the house, the accused used
to come and commit sexual intercourse with her. By such course of action,
when the prosecutrix became pregnant, the prosecutrix told the accused to
marry her. At that point of time, the accused stopped visiting the house
of the prosecutrix. Subsequent to it, the incident was disclosed to the
father of the prosecutrix who called the meeting of the Panchayat in the
Village. In the Panchayat, the accused was also called. It is the case of
the prosecution that in the Panchayat, the accused admitted the fact that
he had committed sexual intercourse with the prosecutrix but refused to
marry her and left the Panchayat. It was the specific case of prosecution
that though the prosecutrix was blind, she could recognize the accused
person by his voice and by touch.
4. It reveals that the matter was investigated by the police and the
prosecutrix was also subjected to medical examination and finally a charge-
sheet was filed under Section 376 IPC. Number of witnesses was examined
from the prosecution side including the Doctor who submitted the medical
examination report (Ex.P2 and P3) and the radiologist who obtained X-Ray of
the prosecutrix and gave his report (Ex. P4) confirming the age of the
prosecutrix as approximately 18 years. The prosecutrix was also examined
as PW-1, who narrated the entire incident and the manner in which she was
subjected to sexual abuse. In her evidence, she has categorically stated
that she is blind but she could recognize a person by his voice. She has
also stated that the accused-appellant had told her that he will keep her.
She has further stated that the accused committed rape on her and,
thereafter, whenever she used to stay alone in the house the accused-
appellant used to come and committed sexual intercourse with her on the
pretext of marriage. It has further come in evidence that when the
prosecutrix became pregnant the accused stopped visiting her house. She
has further stated that after the incident was disclosed by her the accused
was called before the Panchayat.
5. The trial court after appreciating the entire evidence including the
evidence of the Doctor and the persons who attended the Panchayat and the
medical reports, recorded a finding and held that the prosecution was able
to prove the guilt of the accused-appellant. Accordingly, the accused was
convicted under Section 376 IPC and was sentenced to 7 years rigorous
imprisonment.
6. As against the judgment of the trial court, the appellant filed an
appeal before the High Court being Criminal Appeal No.2554 of 1997. The
High Court examined the facts and re-appreciated the entire evidence
adduced from the side of the prosecution and recorded an independent
finding and affirmed the judgment of conviction passed by the trial court.
7. We have heard learned counsel for the appellant and the respondent
State. We have also meticulously examined the finding recorded by the two
courts on the basis of the evidence brought on record by the prosecution
side. After giving our anxious consideration to the matter we are of the
definite view that the prosecution has been able to prove the guilt of the
appellant beyond all reasonable doubt. We, therefore, do not find any
infirmity or illegality in the judgment passed by the two courts. Hence,
the judgment of conviction must sustain in law.
8. Now the question that arises for consideration is as to whether in
the facts and circumstances of the case the prosecutrix is entitled to
victim compensation and, if so, to what extent? During the course of
hearing, this Court by order dated 01.07.2015 directed the learned counsel
appearing for the respondent-State to file a copy of the Victim
Compensation Scheme applicable in the State of Chhattisgarh and to inquire
about the financial status of the victim, her brothers and also of the
accused-appellant. Pursuant to the aforesaid order, learned counsel for
the State has filed an additional affidavit giving details of the inquiries
made to ascertain the financial status of the victim and the accused and
also has placed on record a copy of Notification/ Compensation Scheme.
9. From the inquiry, it reveals that the victim (now aged about 37
years) lives alone in Village Nandini Kundini, District- Durg,
Chhattisgarh. She is unmarried and lives in a kuccha house. She has two
brothers who lives separately from her. One of the brothers Ishwari Sahu
lives in a different village Dhour (distance 12 kms from Nandini Kundini).
Another brother Baldau Sahu lives is district Bhila (distance 22 kms from
Nandini Kundini) and works as a daily-labourer. She receives a pension of
Rs.300/- per month from the State being a person with disability. She is
also a BPL card holder which entitles her 35kg rice per month at the rate
of Rs.1/- per kg. and free salt. The financial status of victim’s brothers
is also not good.
10. It further reveals from the inquiry regarding financial status of the
accused that the accused lives in the same village i.e. Nandini Kundini
where the victim lives. He is married and has four children. Mother of the
accused also lives with him. He has inherited about 2 acres of land being
ancestral property which is also the source of his livelihood. Further, the
wife of the accused is a blue card holder which entitles the family to
receive 35 kg. rice per month at the rate of Rs.2/- per kg. The accused
lives in a pucca house.
11. Learned counsel for the State submitted that the State of
Chhattisgarh has notified Victim Compensation Scheme under Section 357-A,
Cr.P.C for providing fund for the purpose of compensation to the victim or
his dependents who has have suffered loss or injury as a result of crime
and who require rehabilitation. Relevant part of the Schedule appended to
the aforesaid notification is extracted herein for easy reference.
SCHEDULE
|S.No. |Details of Loss or Injury |Maximum Limit of |
| | |Compensation |
|4. |Rape of Minor |50,000/- |
|5. |Rape |25,000/- |
|6. |Rehabilitation |20,000/- |
12. Before dealing with the present matter it is pertinent to mention
briefly the amount payable to the rape victim and for rehabilitation under
Victim Compensation Schemes notified by the other State Governments and
Union Territories under Section 357A of the Cr.P.C., 1973.
|Sr.no.|State/ UT |Details of Loss or Injury |Maximum Limit of |
| | | |Compensation(Rs.) |
| |Arunachal |Rape |50,000/- |
| |Pradesh | | |
| | |Rehabilitation |20,000/- |
| | |Rape |75,000/- |
| |Assam | | |
| | |Rape of Minor/Gang Rape |1,00,000/- |
| |Bihar |Rape |50,000/- |
| |Delhi |Rape |3,00,000/- |
| | |Rehabilitation |20,000/- |
| |Goa |In case of injury causing, |10,00,000/- |
| | |severe mental agony to |(Ten Lakh) |
| | |women and child (eg. Rape | |
| | |cases etc.) | |
| | |Rape |1,00,000/- |
| |Gujarat | | |
| | |Rehabilitation |50,000/- |
| |Haryana |Rape |3,00,000/- |
| | |Medical expenses on account|15,000/- |
| | |of injury | |
| |Himachal |Rape |50,000/- |
| |Pradesh | | |
| |Jammu & |Rape of minor or rape in |1,00,000/- |
| |Kashmir |police custody | |
| | |Rape |50,000/- |
| |Karnataka |Rape of minor |3,00,000/- |
| | |Rape other than minor |1,50,000/- |
| |Kerala |Rape |3,00,000/- |
| |(50 % extra | | |
| |if the victim| | |
| |is 14 years | | |
| |or less) | | |
| | |Rehabilitation |1,00,000/- |
| |Maharashtra |No amount for the offence |Nil |
| | |of rape | |
| |Manipur |Rape of Minor |30,000/- |
| | |Rape |20,000/- |
| | |Rehabilitation |20,000/- |
| |Nagaland |Rape of Minor |1,00,000/- |
| | |Rape |50,000/- |
| | |Rehabilitation |50,000/- |
| |Odisha |Loss or injury causing |10,000/- |
| | |severe mental agony to | |
| | |women and child victims in | |
| | |case like Human Trafficking| |
| |Rajasthan |Rape of Minor |3,00,000/- |
| | |Rape |2,00,000/- |
| | |Rehabilitation |1,00,000/- |
| |Sikkim |Rape |50,000/- |
| | |Rehabilitation |30,000/- |
| |Tripura |Rape |50,000/- of which |
| | | |Rs.5,000/- shall |
| | | |be paid after |
| | | |preliminary |
| | | |verification of |
| | | |the complaint and |
| | | |the balance amount|
| | | |shall be |
| | | |sanctioned on the |
| | | |filling of charge |
| | | |sheet. |
| |Uttar Pradesh|Rape |2,00,000/- |
| |Uttarakhand |Rape of Minor |2,50,000/- |
| | |Rape |2,00,000/- |
| | |Rehabilitation in case of |1,00,000/- |
| | |rape victim | |
| |West Bengal |Rape of Minor |30,000/- |
| | |Rape |20,000/- |
| | |Rehabilitation |20,000/- |
| |UT of |Rape |3,00,000/- |
| |Chandigarh | | |
| | |Rehabilitation |20,000/- |
| |UT of Dadar |Rape |3,00,000/- |
| |and Nagar | | |
| |Haveli | | |
| | |Rehabilitation |20,000/- |
| |UT of Daman |Rape |3,00,000/- |
| | |Rehabilitation |20,000/- |
| |UT of |Rape |3,00,000/- |
| |Puducherry | | |
| | |Rehabilitation |20,000/- |
13. Perusal of the aforesaid victim compensation schemes of different
States and the Union Territories, it is clear that no uniform practice is
being followed in providing compensation to the rape victim for the offence
and for her rehabilitation. This practice of giving different amount
ranging from Rs.20,000/- to Rs.10,00,000/- as compensation for the offence
of rape under section 357A needs to be introspected by all the States and
the Union Territories. They should consider and formulate a uniform scheme
specially for the rape victims in the light of the scheme framed in the
State of Goa which has decided to give compensation up to Rs.10,00,000/-.
14. While going through different schemes for relief and rehabilitation
of victims of rape, we have also come across one Scheme made by the
National Commission of Women (NCW) on the direction of this court in Delhi
Domestic Working Women’s Forum vs. Union of India and Ors. [Writ Petition
(Crl) No. 362/93], whereby this Court inter alia had directed the National
Commission for Women to evolve a “scheme” so as to wipe out the tears of
unfortunate victims of rape. This scheme has been revised by the NCW on
15th April 2010. The application under this scheme will be in addition to
any application that may be made under Section 357, 357A of the Code of
Criminal Procedure as provided in paragraph 22 of the Scheme. Under this
scheme maximum of Rs.3,00,000/- (Three lakhs) can be given to the victim of
the rape for relief and rehabilitation in special cases like the present
case where the offence is against an handicapped woman who required
specialized treatment and care.
15. Coming to the present case in hand, victim being physically
disadvantaged, she was already in a socially disadvantaged position which
was exploited maliciously by the accused for his own ill intentions to
commit fraud upon her and rape her in the garb of promised marriage which
has put the victim in a doubly disadvantaged situation and after the
waiting of many years it has worsened. It would not be possible for the
victim to approach the National Commission for Women and follow up for
relief and rehabilitation. Accordingly the victim, who has already suffered
a lot since the day of the crime till now, needs a special rehabilitation
scheme.
16. Mr. Atul Jha, learned counsel appearing for the Respondent-State, on
instructions received from the Superintendent of Police, District Durg,
submitted that for the rehabilitation of the victim the Home Secretary,
Department of Home has taken decision to keep the victim in Nari Niketan,
to provide her food, clothes and shelter and the monthly pension of Rs.300/-
throughout her life. For the said rehabilitation programme, the State has
to incur about Rs.8,000/- to Rs.10,000/- per month.
17. Indisputably, no amount of money can restore the dignity and
confidence that the accused took away from the victim. No amount of money
can erase the trauma and grief the victim suffers. This aid can be crucial
with aftermath of crime.
18. The victim, being in a vulnerable position and who is not being taken
care of by anyone and having no family to support her either emotionally or
economically, we are not ordering the respondent-State to give her any lump
sum amount as compensation for rehabilitation as she is not in a position
to keep and manage the lump sum amount. From the records, it is evident
that no one is taking care of her and she is living alone in her Village.
Accordingly, we in the special facts of this case are directing the
respondent-State to pay Rs.8,000/- per month till her life time, treating
the same to be an interest fetched on a fixed deposit of Rs.10,00,000/-.
By this, the State will not be required to pay any lump sum amount to the
victim and this will also be in the interest of the victim.
19. In the result, we dismiss the appeal having no merit and issue the
following directions:-
1) All the States and Union Territories shall make all endeavour to
formulate a uniform scheme for providing victim compensation in respect of
rape/sexual exploitation with the physically handicapped women as required
under the law taking into consideration the scheme framed by the State of
Goa for rape victim compensation;
2) So far as this case is concerned, the respondent-State shall pay a
sum of Rs.8,000/- per month as victim compensation to the victim who is
physically handicapped, i.e. blind, till her life time.
……………………….J.
(M.Y.Eqbal)
……………………….J.
(Arun Mishra)
New Delhi
February 11, 2016
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