LexTEKAN ALIAS TEKRAM versus STATE OF MADHYA PRADESH (NOW CHHATTISGARH)
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2016] I S.C.R. 1059
TEKAN ALIAS TEKRAM
v.
STATE OF MADHYA PRADESH
(NOW CHHATTISGARH)
(Criminal Appeal No. 884 of2015)
FEBRUARY 11, 2016
[M.Y. EQBAL AND ARUN MISHRA, JJ.]
Penal Code, 1860: s.376 - Rape - Prosecutrix-blind girl
subjected to sexual intercourse on the promise of marriage -
Conviction of accused and 7 years rigorous impriwnment -
Challenged - Held: Prosecution proved the guilt of the accused
beyond reasonable doubt ~ Interference with the conviction order
not called/or - Respondent State is directed to pay Rs.8000 per
month till her life time - Crime against women.
Compensation: Victim Col!lpensation Scheme - Held: No
uniform practice followed by States and Union Territories in
providing confpens11tion to rape .victim for offence and for her
rehabilitation - State·to consider and formulate uniform scheme -
Code of Criminal Procedure, 1973 - ss.35.7, 357A - Penal Code,
1860.- s.376.
Dismissing the appeal, the Court
HELD: · 1. The prosecution has b·een able to"prove the
guilt of the 'appetlant beyond an reasonable doubt. There was
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B
c
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no infirmity or illegality in the judgment passed by the two co11rts.
F
Hence, the judgment of conviction must sllstain in I'aw.
{Para 7)[1063-H; 10(i4-A) .
l.1. The victim (now aged about 37 years) !ives alone
in
her village. She is unmarried and lives in a kuccha · house.
She has. two brothers who live separately from her. One of the
G
brothers lives in a different' village Dhour (distance 12 kms) ..
Another brother lives is district Bhila (distance 22 kms) 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
H
1059
1060
SUPREME COURT REPORTS
[2016) I S.C.R.
A the rate of Rs.1/- per kg. and free salt. The financial status of
victim's brothers is also not good. [Para 9][1064-D-E]
2.2. Perusal of the Victim compensation schemes of
different States and the Union Territories showed that no uniform
practice is being followed in providing compensation to the rape
B 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 357 A needs to be introspected by all the States and the
Union Territories. They should consider and formulate a uniform
C 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/-. [Para 13][1068-D-E]
2.3 One Scheme is 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
D Petition (Crl) No. 362193], 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
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F
any application that may be made under Section 357, 357 A 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. [Para 14][1068-F-H]
2.4. In the 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
G 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
H already snffered a lot since the day of the crime till now, needs a
TEKAN ALIAS TEKRAM v. STATE OF MADHYA PRADESH
1061
special rehabilitation scheme. [Para 15] (1069-A-B]
A
2.5. Indispittably, no amount of money cau 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 crncial with afExcerpt shown. Read the full judgment & AI analysis in Lexace.