N. N. MATHUR, J. ( 1 ) THE accused petitioner is facing trial for offence under Sec. 376 of the ipc in the court of learned Addl. Sessions Judge, Valsad at Navsari. He was granted bail by order of the Addl. Sessions Judge dated 26. 8. 1996. While granting bail, the learned judge has imposed the condition that the accused petitioner shall pay Rs. 700/- per month as compensation to the prosecutrix-Ranjanben till the disposal of the case. The petitioner has approached this Court under Sec. 482 read with Sec. 439 of the Crpc to modify the order dated 26. 8. 1996 and to quash and set aside the said condition. ( 2 ) THE facts of the case is that on 18. 8. 1996, a complaint was lodged at Police station, Valsad Rural stating that Ranjanben was raped by the accused. It is also alleged that the accused promised to marry with the prosecutrix. However, when she informed about her pregnancy, the accused betrayed her. The Trial Judge, relying on the decision of the Apex Court in the case of Bodhisattwa Gautam vs. Subhra Chakraborty, reported in air 1996 SC 922 , while granting bail pending the trial imposed the impugned condition. ( 3 ) IN Bodhisattwas case (Supra), the prosecutrix-Subhra Chakraborty (hereinafter referred to as s) was a student of a college at Kohima in the year 1989, where the accused Bodhisattwa Gautam (hereinafter referred to as b) was a lecturer in that college. The accused b first time visited the house of s in June 1989. Thereafter often he used to visit her residence and as a Teacher, he was respected by s and also by other family members including the parents. During the course of the visits, b developed intimacy with s. The accused b, however, with mala fide intention to practise deception, giving false assurance of marriage and thereby dishonsetly procured sexual intercourse with her. The accused b often used 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 b used to very cleverly avoid on one or the other pretext. In 1993, he, however, agreed to marry her secretly. Consequently, in September 1993, b took her to a temple and married her. In spite of the secret marriage, he motivated her for abortion.
In 1993, he, however, agreed to marry her secretly. Consequently, in September 1993, b took her to a temple and married her. In spite of the secret marriage, he motivated her for abortion. It is stated that during this period she became pregnant twice and there was abortion at the instance of the accused b. Subsequently, accused b abandoned s asking her to forget all her dreams. On this, a case was registered against the accused b for offence under Secs. 312/420/493/496/498-A of Indian Penal Code. The accused filed petition before the High Court seeking direction to quash the FIR on the ground that even if the allegation to be true on its face value, it does not constitute any offence. The petition was rejected by the High Court. The petitioner, thereafter, approached the Apex Court. The Apex Court, after considering various cases took note of the fact that in recent time, there has been an increasing violence against women. It was also noticed that in addition to the trauma of the rape itself the victim have had to suffer further agony during legal proceedings. In this background, the court indicated broad parameters in assisting the victim of rape. The same reads as follows :" (1) The complainants of sexual assault cases should be provided with legal representation. It is important to have some one who is well acquainted with the criminal justice system. The role of the victims advocate would not only be to explain to the victim the nature of the proceeding, to prepare her for the case and to assist her in the police station and in Court but to provide her with guidance as to how she might obtain help of a different nature from other agencies, for example, mind counselling or medical assistance. It is important to secure continuity of assistance by ensuring that the same person who looked after the complainants interests in the police station represent her till the end of the the case. (2) Legal assistance will have to be provided at the police station since the victim of sexual assault might very well be in a distressed state upon arrival at the police station, the guidance and support of a lawyer at this stage and whilst she was being questioned would be great assistance to her.
(2) Legal assistance will have to be provided at the police station since the victim of sexual assault might very well be in a distressed state upon arrival at the police station, the guidance and support of a lawyer at this stage and whilst she was being questioned would be great assistance to her. (3) The police should be under a duty to inform the victim of her right to representation before any questions were asked of her and that the police report should state that the victim was so informed. (4) A list of advocates willing to act in these cases should be kept at the police station for victims who did not have a particular lawyer in mind or whose own lawyer was unavailable. (5) The adovcate shall be appointed by the Court, upon application by the police at the earliest convenient movement, but in order to ensure that victims were questioned without undue delay, advocate would be authorised to act at the police station before leave of the court was sought or obtained. (6) In all rape trials anonymity of the victims must be maintained, as far as necessary. (7) It is necessary, having regard to the Directive Principles contained under Art. 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 traumatised 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 accourt pain, suffering and shocks as well as loss earnings due to pregnancy and the expenses of the child but if this occurred as a result of the rape. "after laying down the aforesaid parameters, the Court, on the facts of the case, particularly, considering the fact that the accused b having accepted the victim as his wife in the temple and also having impregnated her twice created a situation for miscarriage on both the occasions, it was considered a fit case where the matter could be disposed of by directing the accused b to pay the victim s a sum of Rs. 1,000/- every month as interim compensation during the pendency of the criminal case and also for payment of arrears of compensation on the same rate.
1,000/- every month as interim compensation during the pendency of the criminal case and also for payment of arrears of compensation on the same rate. It may be noticed that it was not a case of rape, but of offences relating to marriage under Secs. 312, 493, 496, 498-A, causing miscarriage, cheating, etc. , but the Court incidentally considered the plight of the victim of rape and laid down the parameters in para 17 of the judgment. It may further be noticed that the direction for maintenance does not form part of the said parameters. Thus, for awarding interim maintenance to victim of rape, the positive suggestion of the court is for setting up of a Criminal Injuries Compensation Board. The said Board will make arrangement of maintenance of compensation being awarded by the courts irrespective of the fact that the accused has been convicted or acquitted. The Court will take into account the pain, sufferings and shocks as well as loss of earnings due to pregnancy and the expenses of the child, if this occurred as a result, of rape. The Court also directed the Government to prepare a scheme within a period of six months. The directions were given by the Apex Court as back as on 15. 12. 1995. It is unfortunate that the State Government has not yet prepared the scheme. Thus, unless such a scheme is prepared and a Board is constituted, there is no provision under the Code of Criminal procedure for awarding interim maintenance against the accused during the trial. In the peculiar facts of Bodhisattwas case (Supra), the Apex Court, in exercise of powers under Art. 142 of the Constitution of India gave direction of interim maintenance. ( 4 ) THE Supreme Court in its plenary power under Art. 142 of the Constitution of india can make any decree or order as may be found by it to be necessary for doing complete justice in any case or matter pending before it. Thus, when the Supreme Court in exercise of power under Art. 142, pass an order that cannot be relied upon as precedent, unless the Apex Court so directs. It is expected that the State Government will soon constitute the Criminal Injuries Compensation Board. The other parameters laid down in para 17 of the judgment shall be carried out by all concerned puncutally and faithfully.
It is expected that the State Government will soon constitute the Criminal Injuries Compensation Board. The other parameters laid down in para 17 of the judgment shall be carried out by all concerned puncutally and faithfully. ( 5 ) IN view of the aforesaid, in the present case, award of interim maintenance to the prosecutrix during the pendency of the trial at the rate of Rs. 700/- per month is not justified and the said condition provided in the bail order deserves to be struck down. ( 6 ) IN the result, this Misc. Criminal Application is allowed. The order of the learned addl. Sessions Judge, Valsad at Navsari dated 20. 8. 1996 is quashed and set aside to the extent of imposing condition No. 4, i. e. , payment of interim maintenance @ Rs. 700/- per month. Rule made absolute to the aforesaid extent. .