A.K.GOHIL, J.G.CHITRE
S. P. Anand – Appellant
Versus
State of M. P. – Respondent
J.G. Chitre, J.
1. The State of M.P. has filed the list of women who are subjected to the rape as alleged by them or prosecution. Shri Anand submitted that the women who are subjected to rape should be given compensation keeping in view the judgment of the Supreme Court in the matter of Bodhistava Gautam Vs. Subra Chakraborty, reported in (1996) 1 SCC 490 and Chairman Railway Board Vs. Chandrimadas, reported in (2000) 2 SCC 465. Shri Vyas submitted that the M.P. Government has chalked out a policy by which the victims of rape coming from the Scheduled Caste and Scheduled Tribes are given compensation of the sum of Rs. 40,000/- irrespective of the decision of the Court. He submitted that the State Government is taking care of the victims of rape and, therefore, no fresh directions need to be given for the purpose of giving compensation to all the victims as prayed by the petitioner.
2. The judgments cited by Shri S.P. Anand will have to be obeyed as they indicate the law of the land. However, the ratio has to be applied keeping in view the facts and circumstances of each case. The prayer which has been put forth by Shri S.P. Anand cannot be allowed as it is because that would be
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