Supreme Court - Daily Orders
State Of Himachal Pradesh vs Rajneesh Alias Vicky on 11 December, 2017
Bench: J. Chelameswar, Sanjay Kishan Kaul
1
ITEM NO.30 COURT NO.2 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 15656/2017
(Arising out of impugned final judgment and order dated 29-07-2016
in CRLA No. 68/2016 passed by the High Court Of Himachal Pradesh At
Shimla)
STATE OF HIMACHAL PRADESH Petitioner(s)
VERSUS
RAJNEESH ALIAS VICKY Respondent(s)
(IA No.92256/2017-CONDONATION OF DELAY IN FILING and IA
No.92260/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
and IA No.92257/2017-CONDONATION OF DELAY IN REFILING)
Date : 11-12-2017 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J. CHELAMESWAR
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
For Petitioner(s) Mr. Varinder Kumar Sharma, AOR
Mr. Yugal K. Prasad,Adv.
Ms. Parul Sharma,Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Pursuant to the order dated 23.10.2017, Mr. Yashwant Singh Chogal, Member-Secretary of the Himachal Pradesh State Legal Services Authority is present before the Court.
The instant special leave petition is filed by the State Signature Not Verified Digitally signed by DEEPAK aggrieved by the judgment dated 29.7.2016 passed by the High Court MANSUKHANI Date: 2017.12.16 12:26:09 IST Reason: SIGNER CARD OF MR. DEEPAK MANSUKHANI IS BEING USED BY MR. O.P. SHARMA of Himachal Pradesh in Criminal Appeal No.88 of 2016. By the said judgment, the High Court while confirming the judgment of the trial 2 Court, which convicted the accused issued certain directions. The accused was found guilty of an offence of rape of a girl who is physically challenged (deaf and dumb) with disability of 80% as a result of the offence, a child was born.
In the background of the above mentioned facts while confirming the conviction of accused, the High Court also gave certain further direction, extracted below:
“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. Hence the instant Special Leave Petition.
Delay condoned.
When the matter was listed before this Court on 23.10.2017, though we were not inclined to interfere with the judgment under appeal, we thought it necessary to make some appropriate arrangement regarding the payment of compensation to the victim, having regard to her disability. Therefore, directed notice to the Legal Services Authority of the State of Himachal Pradesh. Heard Mr. Varinder Kumar Sharma, learned counsel for the petitioner and Mr. Yashwant Singh Chogal, Member-Secretary of the Himachal Pradesh State Legal Services Authority. Learned counsel for the State submitted that instead of making 3 monthly payments, as directed by the High Court, it would be appropriate having regard to the facts of the case, that a lump-sum amount be directed to be paid to meet the ends of justice in the instant case.
In the circumstances, we deem it appropriate to modify the order of the High Court insofar as it pertains to the payment of compensation to the victim by directing the State to deposit an amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) in an interest bearing fixed deposit in the name of the victim in any nationalized Bank in consultation with the Member-Secretary of the Himachal Pradesh State Legal Services Authority with an appropriate condition by which the interest accrued in the fixed deposit is withdrawable every month and be paid to the parents of the victim girl so long as the parents are alive and also take appropriate steps from time to time to ensure that the amount is actually spent on the welfare of the victim.
The amount deposited, if any, by the State so far can also be withdrawn by the State on the deposit of the amount of Rupees Fifteen Lakhs mentioned earlier.
The special leave petition is disposed of, in above terms.
(OM PARKASH SHARMA) (RAJINDER KAUR)
AR CUM PS BRANCH OFFICER