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2004 DIGILAW 1804 (SC)

SHYAMA v. State Of Rajasthan

2004-12-17

A.K.MATHUR, P.VENKATARAMA REDDI

body2004
ORDER 1. LEAVE GRANTED. HEARD THE COUNSEL FOR THE ACCUSED AND THE STATE. 2. THE PETITIONER WAS CONVICTED UNDER SECTION 376(1)(F) IPC FOR RAPING A GIRL AGED LESS THAN 12 YEARS. HE WAS SENTENCED TO RIGOROUS IMPRISONMENT FOR TEN YEARS AND FURTHER SENTENCED TO PAY A FINE OF RS 50,000 FOR THE OFFENCE UNDER SECTION 376 IPC AND IN DEFAULT OF PAYMENT OF FINE, IT WAS DIRECTED THAT HE SHOULD UNDERGO SIMPLE IMPRISONMENT FOR TWO YEARS. HE WAS ALSO CONVICTED UNDER SECTION 366 IPC AND SENTENCED TO UNDERGO FIVE YEARS RI AND TO PAY A FINE OF RS 5000 AND IN DEFAULT OF FINE TO UNDERGO SIMPLE IMPRISONMENT FOR SIX MONTHS. THE LEARNED UPPER SESSIONS JUDGE FURTHER DIRECTED THAT IN CASE OF PAYMENT OF FINE, RS 45,000 SHALL BE DEPOSITED IN A NATIONALISED BANK IN THE NAME OF THE VICTIM GIRL AND THE AMOUNT SHALL REMAIN IN DEPOSIT TILL SHE ATTAINS MAJORITY AND THEREAFTER TO BE PAID TO HER. THE SESSIONS COURT FURTHER DIRECTED THAT BOTH THE SENTENCES OF IMPRISONMENT SHOULD RUN CONCURRENTLY. THE HIGH COURT DISMISSED THE APPEAL AND AGAINST THE SAME, THE PRESENT SLP WAS FILED BY THE ACCUSED. 3. THIS COURT, WHILE ISSUING NOTICE LIMITED TO THE QUANTUM OF FINE ON 27-9-2004, CALLED FOR A REPORT FROM THE STATE GOVERNMENT IN REGARD TO CERTAIN FACTORS CONCERNING THE ACCUSED AND THE VICTIM. THE ADDITIONAL SUPERINTENDENT OF POLICE, CHITTORGARH HAS FILED AN AFFIDAVIT IN THIS REGARD ON BEHALF OF THE RESPONDENT STATE. 4. ON A PERUSAL OF THE REPORT ON THE ASPECT OF ECONOMIC STATUS OF THE APPELLANT, IT IS CLEAR THAT THE APPELLANT WILL NOT BE IN A POSITION TO PAY THE FINE OF RS 50,000. WE ARE OF THE VIEW THAT THE ENDS OF JUSTICE WOULD BE MET BY REDUCING THE FINE TO RS 5000 (RUPEES FIVE THOUSAND). THEREFORE, WHILE CONFIRMING THE CONVICTION UNDER SECTION 376 IPC AND THE SENTENCE OF IMPRISONMENT FOR TEN YEARS, WE MODIFY THE SENTENCE BY DIRECTING THE APPELLANT TO PAY A FINE OF RS 5000 AND IN DEFAULT OF PAYMENT OF FINE WITHIN THREE MONTHS, THE APPELLANT SHALL SUFFER FURTHER IMPRISONMENT FOR A PERIOD OF SIX MONTHS. WE FURTHER MODIFY THE QUANTUM OF FINE UNDER SECTION 366 IPC TO RS 500, AND IN DEFAULT OF PAYMENT OF FINE, THE APPELLANT HAS TO SUFFER SIMPLE IMPRISONMENT FOR A PERIOD OF TWO MONTHS. 5. WE FURTHER MODIFY THE QUANTUM OF FINE UNDER SECTION 366 IPC TO RS 500, AND IN DEFAULT OF PAYMENT OF FINE, THE APPELLANT HAS TO SUFFER SIMPLE IMPRISONMENT FOR A PERIOD OF TWO MONTHS. 5. HAVING CONSIDERED THE AVERMENTS IN THE AFFIDAVIT OF THE ADDITIONAL SUPERINTENDENT OF POLICE AND HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ALSO CONSIDER IT JUST AND PROPER TO DIRECT SUO MOTU THAT THE STATE GOVERNMENT SHOULD PAY AN AMOUNT OF RS 20,000 AS EX GRATIA TO THE MOTHER OF THE VICTIM GIRL (SINCE MARRIED). THE COLLECTOR AND THE DISTRICT MAGISTRATE, CHITTORGARH SHALL TAKE NECESSARY STEPS FOR THE DISBURSEMENT OF THE AMOUNT TO THE MOTHER WITHIN FOUR MONTHS AND REPORT COMPLIANCE TO THE REGISTRAR (JUDICIAL) OF THIS COURT. WE MAY ADD THAT HAVING REGARD TO THE FACTS DISCLOSED IN THE AFFIDAVIT OF THE ADDITIONAL SUPERINTENDENT OF POLICE, WE FEEL THAT IT IS NOT DESIRABLE TO DIRECT PAYMENT TO THE VICTIM IN HER OWN INTEREST. 6. SUBJECT TO THE ABOVE MODIFICATION OF FINE AND THE DIRECTION TO THE STATE, THE APPEAL IS DISMISSED.