Page 1

‘  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.

1

Page 2

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  

2

Page 3

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.

3

Page 4

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  

4

Page 5

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  

5

Page 6

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  

6

Page 7

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  

7

Page 8

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/-

8

Page 9

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.)

1. Arunachal  Pradesh

Rape 50,000/-

Rehabilitation 20,000/-

3.

Assam

Rape 75,000/-

Rape of Minor/Gang Rape 1,00,000/-

5. Bihar Rape 50,000/-

6. Delhi Rape 3,00,000/-

Rehabilitation 20,000/-

8. Goa In case of injury causing,  severe mental agony to  

women and child (eg. Rape  cases etc.)

10,00,000/-

(Ten Lakh)

9.

Gujarat

Rape 1,00,000/-

Rehabilitation 50,000/-

11. Haryana Rape 3,00,000/-

Medical expenses on  account of injury

15,000/-

9

Page 10

13. Himachal  Pradesh

Rape 50,000/-

14. Jammu &  Kashmir

Rape of minor or rape in  police custody

1,00,000/-

Rape 50,000/-

16. Karnataka Rape of minor 3,00,000/-

Rape other than minor 1,50,000/-

18. Kerala

(50 % extra if  the victim is  14 years or  

less)

Rape 3,00,000/-

Rehabilitation 1,00,000/-

20. Maharashtra No amount for the offence of  rape

Nil

21. Manipur Rape of Minor 30,000/-

Rape 20,000/-

Rehabilitation 20,000/-

24. Nagaland Rape of Minor 1,00,000/-

Rape 50,000/-

Rehabilitation 50,000/-

27. Odisha Loss or injury causing  severe mental agony to  

women and child victims in  case like Human Trafficking

10,000/-

28. Rajasthan Rape of Minor 3,00,000/-

Rape 2,00,000/-

Rehabilitation 1,00,000/-

31. Sikkim Rape 50,000/-

Rehabilitation 30,000/-

33. Tripura Rape 50,000/-  of  which  Rs.5,000/-  shall  be  

10

Page 11

paid  after  preliminary  verification  of  the  complaint  and  the  balance amount shall  be sanctioned on the  filling of charge sheet.

34. Uttar  Pradesh

Rape 2,00,000/-

35. Uttarakhand Rape of Minor 2,50,000/-

Rape 2,00,000/-

Rehabilitation in case of  rape victim

1,00,000/-

38. West Bengal Rape of Minor 30,000/-

Rape 20,000/-

Rehabilitation 20,000/-

41. UT of  Chandigarh

Rape 3,00,000/-

Rehabilitation 20,000/-

43. UT of Dadar  and Nagar  

Haveli

Rape 3,00,000/-

Rehabilitation 20,000/-

45. UT of Daman Rape 3,00,000/-

Rehabilitation 20,000/-

47. UT of  Puducherry

Rape 3,00,000/-

Rehabilitation 20,000/-

13. Perusal of the aforesaid victim compensation schemes of  

different States and the Union Territories, it is clear that no  

11

Page 12

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  

12

Page 13

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  

13

Page 14

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.

14

Page 15

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  

15

Page 16

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

16