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1995 Supreme(SC) 1343

SUPREME COURT OF INDIA
Kuldeip Singh and S. Sagir Ahmed, JJ.
Bodhisattwa Gautuam – Petitioner
Versus
Miss Subhra Chakraborty – Respondent
Special Leave Petition (Crl.) No. 2675 of 1995
Decided on 15-12-1995

Advocates:
AVIJIT BHATTACHERJI

VERY IMPORTANT POINT
Court can grant interim compensation during the pendency of a criminal case involving violence or offences against woman.

Headnote:Indian Penal Code, 1860 - Sections 312/420/493/496/498-A - Offences under against woman - Appellant, a lecturer and respondent girl his student - Initially a period of romance between them - Appellant assuring to marry her developed sexual relationship Respondent becoming pregnant - Secret marriage before God - Abortion - Again becoming pregnant and abortion second time - Appellant exploited the respondent & abandoned her - Complaint tiled - Appellant summoned - He approached High Court to quash it u/s 482 Cr. P.C. – Dismissed Filed SLP to Supreme Court - High Court upheld - Supreme Court suo motu taking notice of facts in complaint for interim maintenance to respondent-complainant - Whether any further order can be passed in the case and Gautam (petitioner) can be compelled to pay maintenance to Subhra Chakraborty (respondent-complainant) during the pendency of the criminal case? (Yes).

       Held: If the Court trying an offence of rape has jurisdiction to award the compensation at the final stage, there is no reason to deny to the Court the right to award interim compensation which should also be provided in the Scheme. On the basis of principles set out in the aforesaid decision in Delhi Domestic Working Womens Forum, the jurisdiction to pay interim compensation shall be treated to be part of the over all jurisdiction of the Courts thing the offences of rape which, as pointed out above is an offence against basic human rights as also the Fundamental Right of Personal Liberty and Life. (Para 17)

       Further Held: Apart from the above, this Court has the inherent jurisdiction to pass any order it considers fit and proper in the interest of justice or to do complete justice between the parties. (Para 18)

       Further Held: Having regard to the facts and circumstances of the present case in which there is a serious allegation that Bodhisattwa Gautam had married Subhra Chakraborty before the God he worshipped by putting Varmillion on her forehead and accepting her as his wife and also having impregnated her twice resulting in abortion on both the occasions, we, on being prima facie satisfied, dispose of this matter by providing that Bodhisattwa Gautam shall pay to Subhra Chakrabortya sum of Rs. 1,000/- every month as interim compensation during the pendency of Criminal Case No. 1/95 in the Court of Judicial Magistrate. 1st Class, Kohima, Nagaland. He shall also be liable to pay arrears of compensation at the same rate from the date on which the complaint was filed till this date. We may further observe that whatever has been said in this Judgment shall not, in any way, affect or prejudice the Magistrate from deciding the complaint on merits on the basis of the evidence as may be tendered before it and in accordance with law. (Para 19)

       

JUDGMENT

S. Saghir Ahmad, J.- Subhra Chakraborty (alias - Kalpana) who was a student of the Baptist College, Kohima where the opposite party, Shri Bodhisattwa Gautam was a lecturer, filed a complaint in the Court of the Judicial Magistrate, 1st Class, Kohima, Nagaland, alleging, inter alia, as under:

"3. That, your complainant begs to state that in April 1989 the accused person entered into Baptist College, Kohima as a Lecturer thereof and the complainant was a student of the said College at that relevant period.

4. That, the accused person was in said Service in Kohima from April 1989 till he resigned the Service on 27th Jan., 1995 and was residing in a rented house in Kenezou Valley, Kohima owned by Dr. Zakiebatsu Angam.

5. That, on 6th Feb. 1995 the accused person left for Silcharand presently residing in his uncles (Shri Amiya Kanta Chakraborty) house in Premtala, Silchar-4, Dist. Cachar, in the State of Assam and assumed his service as Lecturer in Cachar College (Commerce Dept.) Silthar - 4 (Assam).

6. That on the 10th June, 1989 for the 1st time the accused visited the complainants residence in Kohima and thereafter often he used to visit complainants residence, as a teacher he was respected by the complainant as well as all the members including her parents. In course of such visits once in the month of Nov. 1989 the accused voluntarily told your complainant that he was already in her love. Thus there developed a love affair between themselves since 1989.

7. That, the complainant most humbly states further that with mala fide intention to practise deception on the complainant, the accused gave false assurance of marriage to the innocent complainant and thereby the accused dishonestly procured sexual intercourse with the complainant. The accused often use 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 very tactfully used to defer the marriage sometimes saying that he was waiting for his parents formal consent and sometimes saying to cooperate him till he got a Govt. Service.

8. That, in course of continuation of the affairs between the complainant and the accused, the complainant got pregnant twice, once in the month of September, 1993 and secondly in the month of April 1994 out of her co-habitation with the accused person.

9. That, the complainant being worried about her said pregnancy created pressure upon the accused to marry her immediately arid to save her from being ruined, but the accused on the pica of his parents permission went on deferring the marriage, as a result, there was a quarrel in between the complainant and the accused, where after the accused lastly opined for secret marriage to avoid social gathering as he was waiting for his parents permission. The complainant being pregnant was placed in a very awkward position, as such, agreed to said secrete marriage, accordingly the accused on the 20th September, 1993, married the complainant in front of the God he worships in his, residence in Kenozou Valley, Kohima by putting Venlillion (sindur) on the complainants forehead and accepted the complainants his lawful wife and thus the complainant was consorted and consoled. But the complainant faced further corporal punishment, as the accused kept on insisting the complainant to be refrained from giving birth to the baby and was pressurising her to undergo operation/abortion despite her refusal for the same. The accused with fraudulent intention to deceive the complainant proposed the said abortion on the plea that birth of the baby would be a barrier to convince his parents to accept the complainant as their daughter-in-law and such event would lead the complainant to a path of unhappiness. The complainant being an innocent lady failed to understand the accuseds wicked and mischievous plan whereby the accused succeeded and dishonestly motivated the complainant for abortion and compelled the complainant to un



























































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