TMI Blog1995 (12) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... Kanta Chakraborty) house in Premtala, Silchar-4, Dist. Cachar, in the State of Assam and assumed his service as Lecturer in Cachar College (Commerce Dept.) Silchar - 4 (Assam). 6. That, on the 10th June, 1989 for the 1st time the accused visited the complainant's residence in Kohima and thereafter often he used to visit complainant's residence, as a teacher he was respected by the complainant as well as all the members including her parents. In course of such visits once in the month of Nov. 1989 the accused voluntarily told your complainant that he was already in her love. Thus there developed a love affair between themselves since 1989. 7. That, the complainant most humbly states further that with malafide intention to practise deception on the complainant, the accused gave false assurance of marriage to the innocent complainant and thereby the accused dishonestly procured sexual intercourse with the complainant. The accused often use to induce the complainant to have biological contact with him, but whenever he was approached by the complainant to complete the marriage ceremony, the accused very tactfully used to defer the marriage sometimes saving that he was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... never disbelieved the accused. The complainant even did not have any doubt as to why the accused insisted her to keep their marriage secret. The complainant was forced to undergo abortion even second time in the month of April '94 in the CAREWELL NURSING HOME at Dimapur with the pretext that if the complainant gave birth to any child before the accused could convince his parents she would never be accepted by Bodhisatta's parents and relatives further their marriage being a secret one, the developed stage of the complainant would hamper the dignity of her own parents and other paternal relations irreparably and thus taking the privilege of complainant innocence the accused has exploited the complainant in a very pre-planned way. The accused is so wicked that he even furnished a false name in the said Nursing Home and signed the consent Register/Paper as BIKASH GAUTAM concealing his real name BODHISATTA GAUTAM which fact was unknown to the innocent complainant until recently and came to know only in the 2nd week of February , 1995 when the complainant went to obtain a certified copy of the abortion consent paper of the accused. A copy of said consent paper signed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Sections 312/420/493/496/498-A, Indian Penal Code and Bodhisattwa Gautam was summoned but he, in the meantime, filed a petition in the Gauhati High Court under Section 482 of the CrPC for quashing of the complaint and the proceedings initiated on its basis, on the ground that the allegations, taken at their face-value, do not make out any case against him. But the High Court by its judgment and order dated May 12, 1995, dismissed the petition compelling Bodhisattwa Gautam to approach this Court by way of Special Leave Petition. Special Leave Petition (Criminal) No. 2675/95 was filed and was dismissed by us by our order dated October 20, 1995, in which we stated as under: We see no ground to interfere with the impugned judgment of the High Court. We dismiss the special leave petition. Having done so, we further take suo motu notice to the facts of this case as narrated in the complainant which has been read before us. We issue notice to the petitioner as to why he should not be asked to pay reasonable maintenance per month to the respondent during the pendency of the prosecution proceedings against him. Mr. A. Bhattacharjee accepts notice. List it on 1.12.1995. P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rminated w.e.f. 16th July, 1995. The Principal be requested to forward the above resolution to the D.P.I. Assam, for his kind approval of the termination of the services of Sri B. Gautam w.e.f. 16.7.1995. This resolution along with other resolutions passed in the said meeting held on 14.9.1995 were placed before the meeting of the Governing Body held subsequently on 11.11.1995 for confirmation. A true copy of the notice of meeting to be held on 11.11.1995 containing the agenda of the meeting is annexed hereto as Annexure - A2. Now I have been reliably informed that in the meeting of the Governing Body on 11.11.1995, the aforesaid resolution terminating my service has been confirmed. I further state that I have not received any payment towards my salary since July, 1995 and after the termination of my service with effect from 16.7.1995 no question of my receiving any salary arises. In the circumstances I respectfully submit that no question of burdening me with the liability of paying maintenance to the respondent can arise. 4. The facts set out in the complaint lodged against Bodhisattwa Gautam indicate that there was initially a period of romance during wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as also the power to award compensation for the violation of the Fundamental Rights. See : Rudul Sah v. State of Bihar 1983 CriLJ 1644 and Peoples' Union for Democratic Rights (through its Secretary and Anr.) v. Police Commissioner, Delhi Police HQs. and Anr. (1989) 4 SCC 730. 7. For the exercise of this jurisdiction, it is not necessary that the person who is the victim of violation of his fundamental right should personally approach the Court as the Court can itself take cognizance of the matter and proceed suo motu or on a petition of any public spirited individual. This Court through its various decisions, has already given new dimensions, meaning and purpose to many of the fundamental rights especially the Right to Freedom and Liberty and Right to Life. The Directive Principles of the State Policy, have also been raised by this Court from their static and unenforceable concept to a level as high as that of the fundamental rights. 8. This Court has, innumerable times, declared that Right to Life does not merely mean animal existence but means something more, namely, the right to live with human dignity. (See : Francis Coralie Mullin v. The Administrator, Union T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hew Hale in his Historia Placitorum Coronae or, in other words, History of the Pleas of the Crown presented common-law rape doctrines which were immediately noticed to be hostile to the interests of women as one of the requirement was to inform the jury during trial that rape charges were easy to bring but difficult to defend. Consequently, in a tide of law reforms, this requirement was removed. The rule of corroboration which was much stricter in a trial for the offence of rape than for other offences was also largely removed from law. 12. In India also the rule of Corroboration of the Prosecutrix has undergone a change through statutory amendments as also through decisions of this Court. 13. In State of Himachal Pradesh v. Raghubir Singh [1993] 2 SCR 17, this Court observed as under: There is no legal compulsion to look for corroboration of the evidence of the prosecutrix before recording an order of conviction. Evidence has to be weighed and not counted. Conviction can be recorded on the sole testimony of the prosecutrix, if her evidence inspires confidence and there is absence of circumstances which militate her veracity. In the present case the evidence of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... committed, the victim may promptly report the matter to the police and on a chargesheet being submitted, the trial may proceed speedily without causing any embarrassment to the prosecutrix who may come in the witness box without fear psychosis. 17. We may, at this stage, refer to a decision of this Court in Delhi Domestic Working Women's Forum v. Union of India (1995) 1 SCC 14 , in which Court observed as under: It is rather unfortunate that in recent times, there has been an increase in violence against women causing serious concern. Rape does indeed pose a series of problems for the criminal justice system. There are cries for harshest penalties, but often times such crimes eclipse the real plight of the victim. Rape is an experience which shakes the foundations of the lives of the victims. For many, its effect is a long-term one, impairing their capacity for personal relationships, altering their behavior values and generating and less fears. In addition to the trauma of the rape itself, victims have had to suffer further agony during legal proceedings. This Court further observed as under: The defects in the present system are : Firstly, complaints are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the victims must be maintained, as far as necessary. (7) It is necessary, having regard to the Directive Principles contained under Article 38(1) of the Constitution of India to set up Criminal Injuries Compensation Board. Rape victims frequently incur substantial financial loss. Some, for example, are too traumatized to continue in employment. (8) Compensation for victims shall be awarded by the court on conviction of the offender and by the Criminal Injuries Compensation Board whether or not a conviction has taken place. The Board will take into account pain, suffering and shock as well as loss of earnings due to pregnancy and the expenses of the child but if this occurred as a result of the rape. In the present situation, the third respondent will have to evolve such scheme as to wipe out the fears of such unfortunate victims. Such a scheme shall be prepared within six months from the date of this judgment. Thereupon, the Union of India, will examine the same and shall take necessary steps for the implementation of the scheme at the earliest. 18. This decision recognises the right of the victim for compensation by providing that it shall be awarded by the Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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