Holding

The conviction under Section 376 IPC stands, and the victim is entitled to a monthly compensation of Rs.8,000 for life, with a directive for States to adopt a uniform compensation scheme for rape victims, particularly those with disabilities.

Summary

The appellant, Tekan alias Tekram, was convicted under Section 376 IPC for raping a blind, illiterate girl after promising marriage. The trial and High Court upheld the conviction, finding the prosecution proved guilt beyond reasonable doubt. The appellant appealed, challenging both the conviction and the sentence of seven years rigorous imprisonment. The Supreme Court affirmed the conviction and addressed whether the victim was entitled to compensation, noting the lack of a uniform victim compensation scheme across States. It directed the State of Chhattisgarh to pay the victim a monthly amount of Rs.8,000 for life, treating it as interest on a fixed deposit, and urged all States and Union Territories to formulate a uniform compensation scheme for rape victims, especially those with disabilities.

Issues considered

The appellant's conviction under Section 376 IPC and the adequacy of the evidence.
Whether the victim, a blind woman, is entitled to victim compensation under Section 357A CrPC.
The appropriate quantum and mode of compensation for a rape victim with disability.

Legislation cited

Code of Criminal Procedure, 1973s. 35, s. 357A
Indian Penal Code, 1860s. 376

Subjects

rapevictim compensationdisabilitySection 376 IPCSection 357A CrPCuniform compensation schemecriminal appealsexual assault

Judgment

[2016] I S.C.R. 1059

TEKAN ALIAS TEKRAM A
v.
STATE OF MADHYA PRADESH
(NOW CHHATTISGARH)
(Criminal Appeal No. 884 of2015) B
FEBRUARY 11, 2016
[M.Y. EQBAL AND ARUN MISHRA, JJ.]
Penal Code, 1860: s.376 - Rape - Prosecutrix-blind girl
subjected to sexual intercourse on the promise of marriage - c
Conviction of accused and 7 years rigorous impriwnment -
Challenged - Held: Prosecution proved the guilt of the accused
beyond reasonable doubt ~ Interference with the conviction order
not called/or - Respondent State is directed to pay Rs.8000 per
month till her life time - Crime against women.
D
Compensation: Victim Col!lpensation Scheme - Held: No
uniform practice followed by States and Union Territories in
providing confpens11tion to rape .victim for offence and for her
rehabilitation - State·to consider and formulate uniform scheme -
Code of Criminal Procedure, 1973 - ss.35.7, 357A - Penal Code,
1860.- s.376. E

Dismissing the appeal, the Court
HELD: · 1. The prosecution has b·een able to"prove the
guilt of the 'appetlant beyond an reasonable doubt. There was
no infirmity or illegality in the judgment passed by the two co11rts. F
Hence, the judgment of conviction must sllstain in I'aw.
{Para 7)[1063-H; 10(i4-A) .
l.1. The victim (now aged about 37 years) !ives alone
in her village. She is unmarried and lives in a kuccha · house.
She has. two brothers who live separately from her. One of the G
brothers lives in a different' village Dhour (distance 12 kms) ..
Another brother lives is district Bhila (distance 22 kms) 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
H
1059
1060 SUPREME COURT REPORTS [2016) I S.C.R.

A the rate of Rs.1/- per kg. and free salt. The financial status of
victim's brothers is also not good. [Para 9][1064-D-E]
2.2. Perusal of the Victim compensation schemes of
different States and the Union Territories showed that no uniform
practice is being followed in providing compensation to the rape
B 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 357 A needs to be introspected by all the States and the
Union Territories. They should consider and formulate a uniform
C 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/-. [Para 13][1068-D-E]
2.3 One Scheme is 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
D Petition (Crl) No. 362193], 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 application under this scheme will be in addition to
E 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
F specialized treatment and care. [Para 14][1068-F-H]

2.4. In the 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
G 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
H already snffered a lot since the day of the crime till now, needs a
TEKAN ALIAS TEKRAM v. STATE OF MADHYA PRADESH 1061

special rehabilitation scheme. [Para 15] (1069-A-B] A
2.5. Indispittably, no amount of money cau 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 crncial with aftermath of crime. Since
the victim is in a vulnerable position and is not being taken care B
of by anyone and having no family to snpport her either emotionally
or economically, the respondent-State is not directed 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, in the special c
facts of this case, the respondent-State is directed 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. D
[Para 17, 18][1069-E-G]
3. The following directions are passed (1) All the States
and Union Territories shall make all endeavour to formulate a
uniform scheme for providing victim compensation in respec·t
of rape/sexual exploitation with the physically handicapped E
women as required under the law taking into consideration the
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. [Para 19](1069-H; 1070-A-B] F

CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No. 884of2015
From the Judgment and Order dated 16.01.2014 of the High Corn1
ofChhattisgarh at Bilaspur in Criminal Appeal No. 2554of1997 G
D. Bharat Kumar, Vikranth Nilesh Goyal, (for Vishal Arun) for
the Appellant.
Atul Jha, Sandeep Jha, (for Dharmendra Kumar Sinha) for the
Respondent.
H
1062 SUPREME COURT REPORTS [2016) I S.C.R.

A The Judgment of the Court was delivered by
M.Y. EQBAL, J. I. Aggrieved by the judgment and order dated
l 6'h January, 2014 passed by the High Court ofChhattisgarh in Criminal
Appeal No. 2554of1997 affirming the judgment dated 29.11.1997 passed
by the Sixth Additional Sessions Judge, Durg, in Sessions Trial No. 342
B of 1996, whereby the appellant has been convicted under Section 3 76
lPC and sentenced to 7. years R.I., the accused-appellant has preferred
this appeal challenging the conviction and sentence.
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.
c 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, Jswari and Baldau. Along
with brother of prosecutrix lswari, the accused Tikendra was also
D 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
E was alone. Thereafter, the accused hr.d told her that he is in love with
her and will marry her and wanted to commit sexual intercourse with
her. The prosccutrix tried to avoid it since 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.
F 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.
G 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
H Panchayat. It was the specific case of prosecution that though the
TEKAN ALIAS TEKRAM v. STATE OF MADHYA PRADESH 1063
fM.Y. EQBAL, J.l

prosecutrix was blind, she could recognize the accused person by his A
voice and by touch.
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 3 76 IPC. Number of witnesses
was examined from the prosecution side including the Doctor who B
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-I, 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
c
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 · D
has further come in evidence that when the prosecutrix became pregnant
the accused stopped visiting her 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 E
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.
F
6. As against the judgment of the trial court, the appellant filed an
appeal before the High Court being Criminal Appeal No.2554of1997.
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 couit.
G
7. We have heard learn~d 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· 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
H
1064 SUPREME COURT .REPORTS [2016] I S.C.R.

A 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 considera!Jon is as to whether
in the facts and circumstances of the case th.e prosecutrix is entitled to
B 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
c 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 and
also has placed on record a copy ofNotification/ 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.
D 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 Shila (distance 22 kms from Nandini
Kundini) and works as a daily-labourer. She receives a pension ofRs.300/
E ' 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.I/- per kg. and free salt. The financial status of victim's brothers is
also not good.
IO. It further reveals from the inquiry regarding financial status of
p the a~used that the accused lives in the same village i.e. Nandini Kundini
where the victim lives. He is married and 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 ofRs.2/- per kg. The accused
G 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
H
TEKAN ALIAS TEKRAM v. STATE OF MADHYA PRADESH 1065
rM.Y. EQBAL, J.l

of crime and who require rehabilitation. Relevant part of the Schedule A
appended to the aforesaid notification is extracted herein for easy
reference.. ·

SCHEDULE

S.No. Details of Loss or Injury Mruiimum Limit of B
·- Compensation -

4. Rape of Minor 50,000/- -

.
5. Rape 25,000/-
c
--
6. Rehabil.itation 20,000/-

12. Before dealing with the present matter it is pertinent to mention D
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/ lIT Details of Loss or Ir!iury MlximumLimit of
- Compensation(Rs.} E
1. Arunachal Ripe 50,0CIJ/-
Pradesh
Rehabilitation 20,0CIJ/-

2. Ripe 75,0CIJ/-
F
Assam . Ripe of Minor/Gang Ripe 1,00,0CIJ/-
3. Bihar Ripe . 50,0CIJ/-
4. Delhi Ripe 3,00,0CIJ/-
J
Rehabilitation 20,0CIJ/- G
5. Goa . In case of iajury causing, 10,00,000/-
severe mental agony to
. .
women and cbild (eg. Rape (TenLakb)
cases etc.)
.

H
1066 SUPREME COURT REPORTS (2016] 1 S.C.R.

A
6.

Gttjarat
l- ~~00 -
l,oo,cx:XJ;~I

'3J,<XIJ/-

B !
'
7. lbyana ~ 3,00,<XIJ/-

i I tm:lical eiq:enses on 15,<XIJ/-
' aarunt of itjruy I
8. Hirrachal ~ I '3J,<XIJ/- i,

c FtareslJ. '
9. Jamru& ~of ninor or rai:e in 1,00,<XIJ/-
Kashrrir ]rlice custcxly

~ '3J,<XIJ/-
D
10. Karnataka ~ofninor 3,00,<XIJ/-
I
~other than ninor l,'3J,<XIJ/-
11. Kerala RI~ 3,00,<XIJ/-

E I ('3J %extra if
the victim is
~habilitatioo 1,00,<XIJ/-

I 14yearsor
'. less)
i
12.1 Mlharashtra N:> armunt for the offeoce of ~
rap"
F i
13. I Maniµir ~ciMmr '2IJ ,<XIJI -

~ XJ,<XIJ/-
~tatim XJ,<XIJ/-
G 14. N3galarrl ~ciMmr 1,00,<XIJ/-

~ '3J,<XIJ/-
~tatim '3J,<XIJ/-

H
TEKAN ALIAS TEKRAM v. STATE OF MADHYA PRADESH 1067
[M.Y. EQBAL, J.l

A
15. Ctlisba Loss or iriilllY causing 10,<XX>/-
severe rrental agmy to
v.orren and child victirIB in
case like Humm Tuillicking

16. Rajastban Ripeof:Mmr 3,00,<XX>/- B

Ripe 2,00,<XX>/-

Rehabilitation 1,00,<XX>/-

17. Sikkim Ripe 50,<XX>/-
c
Rehabilitation 30,<XX>/-

18. 'llipura Ripe '3J,WJ/- of v.bid
Rs.5,WJ/- shall b
p3id afte
pre1iminaty D
verification of th
romplaint and th
tclance = t sha
te sanctioned an th
filling of charg! shrt.

19. Uttar Rii:e 2,00,<XX>/- E
fradesh
20. Utarakbarrl RlpeofMrrr 2,50,<XX>/-
I Rii:e 2,00,<XX>/-
i
' Rehabilitation in cas;, of 1,00,<XX>/- F
rapo victim

21. \\bst fuig'll Raj:e of :Mmr 30,<XX>/-

Ripe 20,<XX>/-

~bilitation
G
20,<XX>/-

22. Ufof Ripe 3,00,<XX>/-
Cbandigprh
Rehabilitation 20,<XX>/-

H
1068 SUPREME COURT REPORTS (2016] l S.C.R.

A
, , -
arrl~
I
I Haveli -------
Rehal:ilitation
----~

'2fJ,[W/-
I I I
-
B 24. UfofDmmi ~ 3,00,CXXJ/- I

l
--·--
Rehal:ilitation '2fJ, CXXl/- I
---25~ -· ur·or--- --·----
P.xiucreny . f . -
~ -,oo.o:w-
-
Rehal:ilitation '2fJ, CXXl/-
c
13. Perusal of the aforesaid victim compensation schemes of
different States and the Union Territories, it is clear that no unifonn
practice is being followed in providing compensation to the rape victim
for the offence and for her rehabilitation. This practice of giving different
D amount ranging from Rs.20,000/- to Rs. I 0,00,000/- as compensation for
the offence of rape under section 357 A needs to be introspected by all
the Stat~s 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
E to Rs. I 0,00,000/-.
14. While going through different schemes for relief and
rehabilitation of victims ofrape, we have also come across one Scheme
made by the National .Commission of Women (N.CW) on the direction
of this court in Del/ti Domestic Workin1: ·women's Forum vs. Union
F 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 N.CW on 15"' April 20 I 0. The
application under this scheme will be in addition to any application that
may be made under Section 357, 357 A of the Code of.Criminal Procedure
G as provided in paragraph 22 of the Scheme. Under this scheme maximum
ofRs.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.
H
TEKAN ALIAS TEKRAM v. STATE OF MADHYA PRADESH 1069
fM.Y. EQBAL, J.l

15. Coming to the present case in hand, victim being physically A
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
B
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 the day of the crime till now, needs a special
rehabilitation scheme.
16. Mr. Atul Jha, learned counsel appearing for the Respohdent-
State, on instructions received from the Superintendent of Police, District
c
Durg, submitted that for the rehab_ilitation 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. I 0,000/- per D
month.
f7. 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 griefthe victim suffers. This aid can
be crucial with aftermath of crime. E
- 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 F
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. I 0,00,000/-. 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 G
victim.
19. In the result, we dismiss the appeal having no merit and issue
the following directions:-
! )All the States and Union Territories shall make all endeavour to
H
1070 SUPREME COURT REPORTS [2016) I S.C.R.

A 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
scheme framed by the State of Goa for rape victim compensation;
2) So far as this case is concerned, the respondent-State shall pay
13 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.
Dcvika Gujral Appeal Jisn1issed.