Himachal Pradesh High Court
Suninda Devi Minor Through Her Father ... vs State Of H.P. & Others on 5 August, 2016
Bench: Rajiv Sharma, Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.W.P. No. 9 of 2016.
Reserved on: 28.07.2016.
.
Date of Decision: 5th August, 2016.
Suninda Devi minor through her father Sh. Naiya Ram .....Petitioner.
of Versus State of H.P. & others ..Respondents.
Coram rt The Hon'ble Mr. Justice Rajiv Sharma, Judge.
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?
For the Petitioner: Mr. Sanjeev Bhushan, Senior Advocate with Ms. Abhilasha Kaundal, Advocate.
For the Respondents: Mr. M.A. Khan, Additional Advocate General with Mr. P.M. Negi, Dy. A.G. for respondents No.1 to 4.
Per Sureshwar Thakur, Judge.
Respondent No.5 subjected the petitioner ( a minor) to forcible sexual intercourse. An FIR qua the occurrence bearing No. 0015 of 2016 of 01.04.2016 was registered under Section 376/506 of the IPC read with Section 4 of the Prevention of Children from Sexual Offences Act ::: Downloaded on - 15/04/2017 20:58:44 :::HCHP ...2...
(hereinafter referred as POCSO) at Police Station, Renuka Ji, .
District Sirmour, Himachal Pradesh. In pursuance to the petitioner/victim standing subjected to medical examination, it emerged of hers carrying a pregnancy. It is evident from the of reply furnished by respondents No.1, 3 and 4 of the victim delivering a male child on 9.5.2016. Given the gravity of the offences committed upon the victim by respondent No.5 also rt given the factum of perpetration by him of forcible sexual intercourse upon the victim during the course of hers pursuing in the school concerned, education under his tutelage, capacity whereof stood abused by the accused also aggravates the enormity of the offences committed by him.
2. Be that as it may, considering the factum of in sequel to the victim standing subjected to forcible sexual intercourse by respondent No.5, hers delivering a male child also bearing in mind the factum of hers belonging to a remote and far flung area of District Sirmour besides the imminent factum of hers belonging to a financially distressed family, this Court for mitigating the mental trauma besetting ::: Downloaded on - 15/04/2017 20:58:44 :::HCHP ...3...
her, trauma whereof dehors this Court ordering qua victim .
compensation being defrayed to her would stand neither erased nor the stain she has acquired would stand effaced, rather for her social rehabilitation this Court deems it fit and of appropriate to in tandem with the pronouncement of the Hon'ble Apex Court rendered in the case of Tekan alias Tekram vs. State of Madhya Pradesh (Now rt Chhatisgarh), reported in (2016)4 SCC 461, the relevant paragraph whereof stands extracted hereinafter:-
"9. From the inquiry, it reveals that the victim (now aged about 37 years) lives alone 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 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 35 kg 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.
15. Coming to the present case in hand, victim being physically disadvantaged, she was already in a socially ::: Downloaded on - 15/04/2017 20:58:44 :::HCHP ...4...
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 of 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.
rt
17. In disputably 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.
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.8000/-
per month as victim compensation to the victim who is physically handicapped, i.e. blind, till her life time."
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to order the respondents-State to defray to the petitioner .
herein a sum of Rs.10,000/- per month as victim compensation. Petition stands disposed of accordingly.
of
(Rajiv Sharma)
Judge
rt (Sureshwar Thakur)
5th
August, 2016. Judge.
(jai)
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