High CourtsDivision Bench(2002) 05 CHH CK 0020

Rape Victim (Mahasamund) vs State of C.G.

Chhattisgarh High Court · Decided on 30 May 2002 · Citation: (2002) 3 CGLJ 348

HON’BLE JUDGES
Fakhruddin, J
CASE NUMBER
Writ Petition No. 960 of 2002

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AI Structured Summary

Facts, law points, precedents, ratio and the final ruling — distilled from the full judgment

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Facts

A married woman was violently raped by Lakh Ram while alone at her home in Mandir Hasaud in June 2001, leading to severe injuries when she resisted. She was hospitalized due to these injuries, which her husband could not afford to treat. The accused remained at large despite the incident garnering media attention. The writ petition was filed following a news article highlighting the victim's plea for justice.

Law Points

['Whether the State should take suitable action regarding the reported crime?', "What measures are required for the victim's treatment and rehabilitation?", 'Is there a need for legal aid for the victim?']

Acts & Articles

None

Judgments Referred

None

Obiter Dicta

The court emphasized the need for prompt action to investigate serious crimes against women. It remarked on the systemic support that should be available for victims of such incidents, including financial and legal assistance.

Ratio Decidendi

The court established that it is the responsibility of the State to investigate serious allegations of violence against women and to ensure that necessary support is provided for their treatment and rehabilitation. The case highlights the importance of legal aid for victims.

Final Ruling

The writ petition was disposed of with directions for the District Magistrate and Superintendent of Police to investigate the matter, register a crime, and take appropriate action. Reports concerning the investigation and support for the victim were mandated to be submitted to the court.

Plain-Language Gist

The case revolves around a woman who was raped and severely injured, and her subsequent plea for justice. The court ordered an investigation and mandated support measures for the victim, ensuring she receives necessary medical and legal assistance.

AI-generated summary — verify against the full judgment text before relying on it in practice.

Judgment

5 paragraphs · 386 words

Fakhruddin, J.—It is an office reference. This writ petition has been registered in view of the heart-rending news published by the English Daily ''The Hitavada'' on 10-5-2002 under the heading ''Rape Victim pleads for Justice'' whereby the plight of the woman has been highlighted.

2.

A perusal of the news item shows that a married woman was forcibly raped by the accused Lakh Ram while she was alone in her house at Mandir Hasaud in June last year. It is also reported that the accused inflicted stab injuries when she resisted. Thereafter she was admitted to the hospital in a serious condition and the doctors said her treatment required heavy cost which her husband Genduram could not bear. According to the news-report the woman has three kids to be looked after and she has become nearly handicapped due to the injuries inflicted on her. The accused, as reported, is still at large.

3.

Shri Agarwal submits that the matter shall be enquired into and suitable action shall be taken by the State.

4.

In view of the statement made by learned Counsel this petition is disposed of with the direction that the District Magistrate and Superintendent of Police to look into the matter, depute some responsible officer not below the rank of Additional S.R to enquire into about veracity, facts and circumstances of the matter, register the crime, investigate it in accordance with law, take such steps which are warranted and submit a report. If some financial assistance is required for treatment and rehabilitation, the same shall be provided to the victim and the report shall be submitted to the Govt., which shall consider it, and if the situation and circumstances warrants legal, medical and financial aid be provided. If required the concerned Legal Aid Officer shall provide legal aid including one of filing a writ petition before this Court. The District Magistrate and Superintendent of Police shall also submit their report to this Court through Shri Sanjay K. Agarwal, Deputy Advocate General. Concerned Secretary of the State shall also submit the report to the Additional Registrar Judicial of this Court, who shall put up for perusal in chamber.

Subject to what has been stated herein above the matter stands disposed of. Copy of this order be supplied to Shri Sanjay K. Agarwal, Deputy Advocate General.