If the Court trying an offence of rape has jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. 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 Women’s Forum, the jurisdiction to pay interim compensation shall be treated to be part of the overall jurisdiction of the Courts trying the offences of rape which, as pointed out above is an offence against basis human rightsHuman Rights Legal and moral status of a human being against his competitors. American Convention on Human Rights Convention against Torture European Convention for the Protection of Human Rights and Fundamental Freedoms International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights UN Convention on the Rights of the Child UN declaration on sexual orientation and gender identity United States Bill of Rights Universal Declaration of Human Rights as also the Fundamental Right of Personal Liberty and Life.
SUPREME COURT OF INDIAArticle 124 of the Constitution of India Constitution of India > 124. Supreme Court (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal and shall hold office until he attains the age of sixty-five years: Provided that-- (a) a Judge may, by writing under his hand addressed to the President, resign his office (b) a Judge may be removed from his office in the manner provided in clause (4). (2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide. (3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and-- (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such courts in succession; or (c) is, in the opinion of the President, a distinguished jurist. (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehavior or incapacity. (5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of a Judge under clause (4): (6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. (7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.
Shri Bodhisattwa Gautam Versus Miss Subhra Chakraborty
(Before: Kuldip Singh And S. Saghir Ahmad, JJ.)
Special Leave Petn. (Cri.) No. 2675 of 1995, Decided on:15-12-1995.
Penal CodePenal Code Indian Penal Code (Naya Samhita-2023), Pakistan Penal code-1960,, 1860—Sections 312, 420, 493, 496, 376 and 498-A—Criminal Procedure Code, 1973—Section 482—Constitution of IndiaConstitution of India भारतस्य संविधानम्: 1950 ∫ वयं भारतस्य जनाः (3) मौलिक अधिकार: (Fundamental Rights) > (4) राजनैतिकनीतेः निर्देशात्मकसिद्धान्ताः (Directive principles)> (5) The Union > (6) The States> (11) संघस्य च सम्बन्धाः राज्यम् (Union-State Relation)> (15) निर्वाचनम् (Elections)> (17) राजभाषा (Official Language) (18) आपत्कालीन प्रावधानम् (Emergency provisions) (20) संविधानसंशोधनम् (Amendment of Constitution). सप्तमी अनुसूची: (Seventh Schedule). Parliament, Supreme Court, President of India, Prime Minister of India. ∑ (Govt of India Act 1935, Manu Samhita 5000, BCE Rigveda 7000 BCE), 1950—Articles 32, 38(1) and 21—EvidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 Act, 1872—Section 114A.
Judgement
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 complaint 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 the 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 Silchar and presently residing in his uncle’s (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 (CommerceCommercial Profit-making economic activities, such as the production, consumption, exchange, and distribution of goods and services, are primarily undertaken to earn money or a livelihood. Key Features > (1) Involve sale and exchange of goods and services for consideration (money or value), (2) Aim to earn profit and ensure business growth, (3) Include risk-bearing and creation of utility, (4) Economic in nature and satisfy customer needs. Commercial Activities > Earning profit, Business growth, Serving society, Achieving market leadership. Dept.) Silchar-4 (Assam).
6. That, on the 10th June 1989 for the 1st timeTime χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥ the accused visited the complainants’ residence in Kohima and thereafter often he used to visit complaint’s residence, as a teacherTeacher מוֹרֶה Rebbe (“my teacher”) and Rabbeinu Hakadosh (“our holy teacher”). Δάσκαλος (अध्यापकः) he was respected by the complainant as well as all the members including her parents. In course of such visits one 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 intentionIntention This means to “have in mind.” A plant to do a thing (Planning: premeditation is evident through evidence of active preparation, e.g., hoarding pills, purchase of weapon). It refers to the aim, purpose, or goal of the behavior, e.g., to seek an end to/solution. A conscious mental process to move precedes the brain’s preparation for movement. to practise deception on the complainant, the accused gave false assurance of marriage to the innocent complainant and thereby the accused dishonestly procured sexual intercourseSexual intercourse Penetrative union > मैथुनम् > σεξουαλική επαφή> also include LGBTQ Sexual practice, oral sex, sodomy, bestiality with the complainant. The accused often use to induce the complainant to have biolgical 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 consentConsent Dr. Dhruvaram Murlidhar Sonar v. State of Maharashtra [2018] 13 SCR 920 : (2019) 18 SCC 191; Pramod Suryabhan Pawar v. State of Maharashtra [2019] 11 SCR 423 : (2019) 9 SCC 608.Shiv Pratap Singh Rana v. State of Madhya Pradesh & Anr [2024] 7 S.C.R. 8. Doing Sex: involves an active understanding of the circumstances, actions and consequences of the proposed act. An individual who makes a reasoned choice to act after evaluating various alternative actions (or inaction) as well as the various possible consequences flowing from such action (or inaction), consents to such action. 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 on the month of April, 1994 our of her cohabitation with the accused person.
9. That, the complainant being worried about her said pregnancy created pressure upon the accused to marry her immediatelyForthwith In Rao Mahmood Ahmad Khan v. Ranbir Singh , has held that the word ‘forthwith’ is synonymous with the word immediately, which means with all reasonable quickness. When a statute requires something to be done ‘forthwith’ or ‘immediately’ or even ‘instantly’, it should probably be understood as allowing a reasonable time for doing it. The interpretation of the word ‘forthwith’ would depend upon the terrain in which it travels and would take its colour depending upon the prevailing circumstances which can be variable. (Shento Varghese v. Julfikar Husen & Ors [2024] 6 S.C.R. 409). Anwar Ahmad v. State of UP [1976] 1 SCR 779 : AIR (1976) SC 680; Nevada Properties (P) Ltd. v. State of Maharashtra & Anr. [2019] 15 SCR 223 : (2019) 20 SCC 119; State of Maharashtra v. Tapas D. Neogy [1999] Supp. 2 SCR 609 : 1999 INSC 417; Ravinder Kumar & Anr. v. State of Punjab [2001] Supp. 2 SCR 463 : (2001) 7 SCC 690; Bhajan Singh and Ors. v. State of Haryana [2011] 7 SCR 1 : 2011 INSC 422; HN Rishbud v. State of Delhi [1955] 1 SCR 1150 : (1954) 2 SCC 934; Sk. Salim v. State of West Bengal [1975] 3 SCR 394 : (1975) 1 SCC 653; China Apparao and Others v. State of Andhra Pradesh [2002] Supp. 3 SCR 175 : (2002) 8 SCC 440; Navalshankar Ishwarlal Dave v. State of Gujarat [1993] 3 SCR 676 : 1993 Supp. 3 SCC 754; Rao Mahmood Ahmad Khan v. Ranbir Singh [1995] 2 SCR 230 : (1995) Supp. 4 SCC 275; Bidya Deb Barma v. District Magistrate [1969] 1 SCR 562 : (1968) SCC OnLine SC 82. and to save her from being ruined, but the accused on the plea of his parents permission went on defering 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 very awkward position, as such, agreed to said secret marriage, accordingly the accused on the 20th September, 1993, married the complainant in front of the GodGod People in most cultures believe in the existence of supernatural beings and other supernatural concepts. God is attributed to both anthropomorphic properties (“listens to prayers”) and non-anthropomorphic properties (“knows everything”). Conceptualizing God is associated with willingness to get the COVID-19 vaccine or Vaccine hesitancy. Pope requested people not to practice “Jesus is my vaccine”. For the Jewish, family (Avestan universal) god became national God: I am the God of Abraham, and the God of Isaac, and the God of Jacob,”(ex 3:15). See Ishwar. he worships in his residence in Kenozou Valley, Kohima by putting Vermilion (sindur) on the complainant’s forehead and accepted the complainant as 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 given birth to the baby and was pressurising her to undergo operation / abortionAbortion It is defined as either a spontaneous early ending of a pregnancy (a.k.a. miscarriage) or an induced early ending of a pregnancy. Abortions in England, Wales, and Scotland are carried out before 24 weeks of pregnancy. There are 2 options: Medical abortion ("abortion pill") – The patient has to take 2 medicines, usually 24 to 48 hours apart, to induce an abortion. Surgical abortion – The patient has a procedure to remove the pregnancy and normally goes home soon afterward. Early nineteenth-century Americans confirmed pregnancy and the existence of human life using “quickening,” a term that referred to a woman feeling fetal movements by pregnancy’s fourth or fifth month. Beginning in 1821, the first wave of American abortion legislation relied upon quickening and sought to regulate potentially deadly substances used as abortifacients. Passed in 1837, 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-lawLaw νόμος: Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article and such event would lead the complainant to a path of unhappiness. The complainant being an innocent lady failed to understand the accused’s wicked and mischievous plan where by the accused succeeded and dishonestly motivated the complainant for abortion and compelled the complainant to undergo operation in the Putonou Clinic, Kohima and aborted in October 1993.
10. That, the said Ceremony of giving Sindur (Vermilion) on the complainant’s forehead by the accused in front of the God made the complainant to believe that she was lawfully married wife of the accused and with such believe she in good faithFaith πίστει. completely submitted herself to the accused as an ideal wife and disbelieved the accused. The complainant even did not have any doubt as to why the accused insisted her to keep their marriage secret. The complainant was forced to undergo abortion even second time in the month of April ‘94, in the Carewell Nursing HomeHome Αρχική > at Dimapur with the pretext that if the complainant gave birth any child before the accused could convince his parents she would never be accepted by Bodhisatta’s parents and relatives further their marriage being a secret one, the developed stage of the complainant would hamper the dignityDignity αξιοπρέπεια > The basic dignity of a human has been protected by the Constitution and other Human rights Laws. If a man fails to provide it to another man, then he disrespects his existence and standing. of her own parents and other paternal relations irreparably and thus taking the privilege of complainant innocency the accused has exploited the complainant in a very pre-planned way. The accused is so wicked that he even furnished a false name in the Nursing Home and signed the consent Register / paper as BIKASH GAUTAN concealing his real name BODHISATTA GAUTAM which factFact Something तथ्य (In-formation) that truly exists or happens or some-thing that has actual existence. Circumstances: a fact or event that makes a situation the way it is. Indian Evidence Act: It means and includes— (i) anything, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious. “facts in issue” means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows. was unknown to the innocent complainant untill recently and came to knowKnowledge Knowledge is derived from the process of an informed person integrating data from sense organs or intuition into their psyche. This concept is explored in the Vedic Nasadiya Sukta, which questions the possibility of ultimate truth or knowledge. In different languages, such as Greek, Latin, Sanskrit, and Chinese, knowledge is expressed as "η γνώση," "Scientia," "ज्ञानम् ," and "知识 Zhīshì," respectively. only in the 2nd week of February, 1995 when the complainant went to obtain a certified copy of the abortion consent paper of the accused.
A copy of said consent paper signed by the accused is annexed hereto and marked as Annexurel.
11. That, believing herself to be the lawful wife of the accused, the complainant like a dumb shouldered up all those hardship since 1989. On hearing the massage that the accused would go to Silchar, the complainant on 4th Feb. 95 went to Dimapur and visited the accused to take the complainant permanently with the accused to Silchar as he was going to Silchar to join as a Lecturer in a GovernmentGovernment HM Govt consists of the Prime Minister, their Cabinet, and junior ministers, supported by the teams of non-political civil servants that work in government departments. The American Federal Government consists of the Legislative, Executive, and Judicial branches. College named Cachar College which both of them actually waited for. But the wicked accused forgetting the consequences of his all fraudulent activities in total disregards of their marriage and their relationship refused to accept the complainant as his wife and abandoned the complainant asking her to forget all her dream. Be it further submitted that the accused’s friends namely (1) Shri Subrata Datta, (2) Shri Ranadhir Deb (3) Shri Prasanta Dey and (4) Shri Pradeep Paul of Dimapur tried a lot to convince the accused and not to abandon the complainant in such a cruel manner, as he had already married the complainant and cohabited year together, but all efforts ended in futility as the accused in reply said that the giving of vermilion on complainant’s forehead was pretext of marriage to overcome the past situations and not at all complete marriage and the accused repeatedly said that he had no option, but to abandon the complainant as his parents are not agreeable to accept the complainant as their daughter-in-law.
12. That, the accused not only induced the complainant and cohabited with her, giving her a false assurance of marriage but also fraudulently gave through certain marriage ceremony with knowledgeKnowledge Knowledge is derived from the process of an informed person integrating data from sense organs or intuition into their psyche. This concept is explored in the Vedic Nasadiya Sukta, which questions the possibility of ultimate truth or knowledge. In different languages, such as Greek, Latin, Sanskrit, and Chinese, knowledge is expressed as "η γνώση," "Scientia," "ज्ञानम् ," and "知识 Zhīshì," respectively. that was not a valid marriage and thereby dishonestly made the complaint to believe that she was a lawfully married wife of the accused. The accused even committed the offence of miscarriage by compelling the complainant to undergo abortion twice against her free will. The way the accused exploited the complainant and abandoned her is nothing but an act of grave crueltyCruelty Physical, mental, social as the same has caused serious injury and danger to the complainant’s health both mentally and physically, as such, the accused above named has committed Criminal offences punishable u/S. 312/420/493/496/498-A of IndianIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more Penal Code,”
2. This complainant was registered as Criminal
Case No. 1/95 under Sections 312/420/493/496/498-A, Indian Penal Code and Bodhisattwa Gautam was summoned but he in the meantime, filed a petitionPetition αναφορά > παρακαλώ (Prayer) in the Gauhati High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. under Section 482 of the Code of Criminal Procedure for quashing of the complaint and proceedings initiated on its basis, on the ground that the allegations, taken at their face-value, do not make out any case against him. But the High Court by its JudgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) and order dated May 12, 1995, dismissed the petition compelling Bodhisattwa Gautam to approach this Court by way of Special Leave PetitionSpecial Leave Petition A petition seeking grant of special leave to appeal may be rejected for several reasons. For example, it may be rejected (i) as barred by time, or (ii) being a defective presentation, (iii) the petitioner having no locus standi to file the petition, (iv) the conduct of the petitioner disentitling him to any indulgence by the Court, (iv) the question raised by the petitioner for consideration by this Court being not fit for consideration or deserving being dealt with by the Apex Court of the country and so on. (Criminal) No. 2675/95 was filed and was dismissed by us by our order dated October 20, 1995, in which we stated as under:-
“We see no ground to interfer with the impugned Judgment of the High Court. We dismiss the special leave petition. Having done so, we further take suo motu notice to the facts of this case as narrated in the complain which has been read before us. We issue notice to the petitioner as to way he should not be asked to pay reasonable maintenance per month to the respondent during the pendency of the prosecution proceedings against him. Mr. A. Bhattacharjee accepts notice.
List it on 1-12-1995.
Petitioner in person be present in Court on the next date of hearing. Notice be also sent to the respondent along with the copy of this order.”
3. Pursuant to the above order, Shri Bodhisattwa Gautam put in appearance and filed an affidavitAffidavit An ex parte statement in writing made under oath before a notary public or other officer authorized to administer oaths, about facts which the affiant either knows of his own personal knowledge or is aware of to the best of his knowledge. in reply in which he denied the allegation made against him in the complaint and stated that the complaint was filed only to harass and humiliate him and, therefore, there was no occasion to direct him to pay any amount as maintenance to the respondent. He also indicated that although he had taken up service in another College, namely Cachar College, his services had since been terminated. Para 4 of his affidavit in which these facts have been stated is reproduced below:-
“4. That I say that I am not in any employment now and I am an unemployed person after my services as a Lecturer in Cachar College, Silchar, has been terminated with effect from 16-7-1995 by a resolution of the Governing Body of the said College passed in a meeting held on 14-9-1995. A true copy of the proceedings of the said meeting of the Governing Body of Cachar College, Silchar held on 14-9-1995 is annexed hereto as Annexure-A1.
The relevant resolution No. 5(A) of the said meeting of the Governing Body reads as follows:
“Resolution No. 5(A):
The principal placed the leave petitions of Shri B.Gautam, Lecturer, Deptt. of Commerce, adding that Shri Gautam resumed his duties in the College, on the re-opening day of the College after summer vacation, i.e., on 15th of July, 1995 and at first he sought leave for twenty one days and (sic) the for three years at stretch.
The Principal also stated that Shri B. Gautam was appointed against a lien vacancy for one year vice Dr. A. Mazumdar, the one-year lien having expired on 9-9-1995.
The matterMatter Normal matter is made of molecules, which are themselves made of atoms. Inside the atoms, electrons are spinning around the nucleus. The nucleus is made of protons and neutrons. Inside the protons and neutrons, exist indivisible quarks, like the electrons. All matter around us is made of elementary particles. ( building blocks of matter > quarks and leptons). All stable matter in the universe is made from particles that belong to the first-generation. Fundamental forces result from the exchange of force-carrier particles, which belong to a broader group called “bosons”. The strong force is carried by the “gluon”, electromagnetic force is carried by the “photon.” was thoroughly discussed and it was unanimously resolved that since Shri. B.Gautam’s term of appointment against lien vacancy had expired on 9-9-1995 and his service was not confirmed, (he did not complete even one full year’s service), he cannot be granted three years’ leave at a stretch as prayed for by him.
Also resolved that as Shri B. Gautam has been absent from the College from 16th of July, 1995, and also the term of his appointment expired on 9-9-1995, Shri B. Gautam’s service as lecturer in the Deptt. of Commerce in Cachar College, Silchar be treated as having been terminated w. e. f. 16th July, 1995.
The principal be requested to forward the above resolution to the D. P. I. Assam, for his kind approval of the termination of the service of Shri B. Gautam w. e. i. 16-7-1995.”
This resolution along with other resolutions passed in the said meeting held on 14-9-1995 were placed before the meeting of the Governing Body held subsequently on 11-11-1995 for confirmation. A true copy of the notice of meeting is annexed hereto as Annexure -A2.
Now I have been reliably informed that in the meeting of the Governing Body on 11-11-1995, the aforesaid resolution terminating my service has been confirmed. I further state that I have not received any payment towards my salary since July, 1995 and after the termination of my service with effect from 16-7-1995 no question of my receiving any salary arises.
In the circumstances I respectfully submit that no question of burdening me with the liability of paying maintenance to the respondent can arise.”
4. The facts set out in the complaint lodged against Bodhisattwa Gautam indicate that there was initially a period of romance during which Bodhisattwa Gautam used to visit the house of Subhra Chakraborty and on one occasion, he told her that he was in love with her and ultimately succeeded on the basis of his assurances to marry her, in developing sexual relationship with her tragic result that Subhra Chakraborty became pregnant. While in that state, she persuaded Gautam to marry her, but he, deferred the proposal on the plea that he had to take his parents’ permission. He, however, agreed to marry her secretly. Consequently, on 20th September, 1993, Bodhisattwa Gautam took her before the God he worshipped and put Vermilion on her forehead and accepted her as his lawful wife. In spite of the secret marriage, he, through his insistence, succeeded in motivating her for an abortion which took place in a clinic at Kohima in October, 1993. Subhra Chakraborty became pregnant second time and at the instance of Bodhisattwa Gautam she had to abort again in April, 1994, in the Carewell Nursing Home at Dimapur where Gautam signed the consent paper and deliberately mentioned himself as Bikash Gautam.
5. The Gauhati High Court, as already pointed out above, refused to quash the proceedings in Criminal Case No. 1/95 pending in the Court of the Judicial Magistrate, Ist Class, Kohima and this Court. The question is whether any further order can be passed in the case and Gautam can be compelled to pay maintenance to Subhra Chakraborty During the pendency of the Criminal Case for which show CauseShow Cause A process directed to a person to appear in court and present reasons why a certain order, judgment, or decree should not be made final. Notice has been issued to him?
6. This Court, as the highest Court of the country, has a variety of jurisdiction. Under Article 32 of the ConstitutionConstitution The Constitution encompasses the global system of rules governing constitutional authority. Simply reading selected provisions of the written text may be misleading. Understanding the underlying principles, such as federalism, democracy, constitutionalism, the rule of law, and respect for minorities, is crucial. Democratic institutions must allow for ongoing discussion and evolution, reflected in the right of participants to initiate constitutional change. This right entails a reciprocal duty to engage in discussions. Democracy involves more than majority rule, existing within the context of other constitutional values. Therefore, a profound understanding of these principles informs our appreciation of constitutional rights and obligations. Read more, it has the jurisdiction to enforce the Fundamental Rights guaranteed by the Constitution by issuing writs in the nature of Habeas Corpus, MandamusMandamus Dr Rai Shivendra Bahadur v. Governing Body of the Nalanda College [AIR 1962 SC 1210] that so that mandamus may issue to compel an authority to do something, it must be shown that the statute imposes a legal duty on that authority and the aggrieved party has a legal right under the statute to enforce its performance., Prohibition, Quo-warranto and Certiorari. Fundamental Rights can be enforced even against private bodies and individuals. Even the right to approach the Supreme CourtSupreme Court The Court of last resort. Supreme Court of India (26/01/1950), Supreme Court of the United States (1798), Supreme Court of UK (1/10/2009), Supreme Court of Canada (1949), International Court of Justice (22/05/1947), > Supreme Court Network for the enforcement of the Fundamental Rights under Article 32 itself is a Fundamental Right. The jurisdiction enjoyed by this Court under Article 32 is very wide as this Court, while considering a petition for the enforcement of any of the Fundamental Rights guaranteed in part III of the Constitution, can declare an Act to be ultra vires or beyond the competence of the legislature and has also the powerPower The amount of energy transferred or converted per unit of time. In the International System of Units, the unit of it is the watt, equal to one joule per second. The capacity of energy infrastructure is rated using watts, which indicate its potential to supply or consume energy in a given period of time. A Power-plant rated at 100 MW has the potential to produce 100 MWh if it operates for one hour. to award compensation for the violation of the Fundamental Rights. See:Rudul Sah v. State of BiharBihar 38 Districts > Araria Arwal Aurangabad Banka Begusarai Bhagalpur Bhojpur Buxar Darbhanga Gaya Gopalganj Jamui Jehanabad Kaimur (Bhabua) Katihar Khagaria Kishanganj Lakhisarai Madhepura Madhubani Munger Muzaffarpur Nalanda Nawada Pashchim Champaran Patna Purbi Champaran Purnia Rohtas Saharsa Siwan Supaul Vaishali Samastipur Saran Sheikhpura Sheohar Sitamarhi, AIRAIR All India Reporter 1983 SC 1086; Peoples’ Union for DemocraticDemocracy It is commonly understood as being a political system of majority rule. The evolution of democratic tradition can be traced back to the Magna Carta (1215) and through the long struggle for Parliamentary supremacy which culminated in the English Bill of Rights of 1689, the emergence of representative political institutions in the colonial era, the development of responsible government in the 19th century. In institutional terms, democracy means that each of the provincial legislatures and the federal Parliament is elected by popular vote. These legislatures, are "at the core of the system of representative government". It is a 'power' word. Power rests with the ordinary Citizens. Only educated people understand power. A corrupt or controlled court system can cover failure of it. The religious concept is incompatible with it. Promise to spend more from the public treasury moves to Dictatorship. Rights (through its Secretary) v. Police Commissioner, Delhi Police HQs., (1989) 4 SSC 730.
7. For the exercise of this jurisdiction it is not necessary that the person who is the victim of violation of this fundamental right should personally approach the Court as the Court can itself take cognizance of the matter and proceed suo motu or on a petition of any public spirited individual. This Court through its various decisions, has already give new dimensions, meaning and purpose to many of the fundamental rights especially the Right to Freedom and Liberty and Right to Life. The Directive Principles of the State Policy, have also been raised by this Court from their static and unenforceable concept to a level as high as that of the fundamental rights.
8. This Court has, innumerable times, declared that”Right to Life”does not merely mean animal existence but means something more, namely, the right to live with humanHuman Ο άνθρωπος (Humanum> Homo sapiens) मानव:. We have failed to consider the minimum need to be a 'human'. For Christians, human beings are sinful creatures, who need some saviour. For Evolution biology a man is still evolving, for what, we don´t know. For Buddhist Nagarjuna, the realisation of having a human body is a mere mental illusion. We are not ready to accept that a human is a computer made of meat. For a slave master, a human person is another animal, his sons and daughters are his personal property. dignity. (See: Francis Coralie Mullin v. The Administrator, Union Territory of Delhi, AIR 1981 SC 746; State of Maharashtra v. Chandrabhan, AIR 1983 SC 803; Olga Tellis v. Bombay Municipal CorporationCorporation A legally established entity that can enter into contracts, own assets and incur debt, as well as sue and be sued—all separately from its owner(s). The term covers both for-profit and nonprofit corporations and includes nonstock corporations, incorporated membership organizations, incorporated cooperatives, incorporated trade associations, professional corporations and, under certain circumstances, limited liability companies., AIR 1986 SC 180; and Delhi Transport Corporation v. D. T. C. Mazdoor Congress AIR 1991 SC 101). Right to Life would, therefore, include all those aspects of life which go to make a life meaningful, complete and worthliving.
9. Unfortunately, a womanMen Ανθρωποι (People), a woman (γυναίκα), Man (Ανδρας) > Adama, Manu > No proof to establish that due to mutation a monkey turned into a human being., in our country, belongs to a class or group of society who are in a disadvantageous position on account of several social barriers and impediments and have, therefore, been the victim of tyranny at the hands of men with whom they, fortunately, under the Constitution enjoy equal status. Women also have the right to life and liberty; they also have the right to be respected and treated as equal citizens. Their honour and dignity cannot be touched or violated. They also have the right to lead an honourable and peaceful life. Women, in them, have many personalities combined. They are Mother, Daughter, Sister and Wife and not play things for centre spreads in various magazines, periodicals or newspapers nor can they be exploited for obscene purposes. They must have the liberty, the freedom and, of course, independence to live the roles assigned to them by Nature so that the society may flourish as they alone have the talents and capacity to shape the destiny and character of men anywhere and in every part of the worldWorld Κόσμος .
10. Rape is thus not only a crimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. against the person of a woman (victim), it is a crime against the entire society. It destroys the entire psychologyPsychology Mind, Mental Process, and Behavioral Activity > 1. Behavioral Neuroscience. 2. Clinical Psychology 3. Cognitive Psychology. 4. Decision Science. 5. Developmental Psychology. 6. Intellectual and Developmental Disabilities. 7. Quantitative Psychology 8. Social Psychology. of a woman and pushes her into deep emotional crises. It is only by her sheer will power that she rehabilitates herself in the society which, on coming to know of the raps, looks down upon her in derision and contempt. Rape is, therefore, the most hated crime. It is a crime against basic human rights and is also violative of the victim’s most cherished of the Fundamental Right to Life contained in Article 21. To many feminists and psychiatrists, rape is less a sexual offence than an act of aggression aimed at degrating and humiliating women. The rape laws do not, unfortunatyely, take care of the social aspect of the matter and are inept in many respects.
11. It is said that present days’ law relating to rape have their origin in 1736 in Britain, when Sir Mathew Hale in his Historia Placitorum Coronae or, in other words, “History of the Pleas of the Crown” presented common-law rape doctrines which were immediately noticed to be hostile to the interests of women as one of the requirement was to inform the jury during trial that rape charges were easy to bring but difficult to defend. Consequently, in a tide of law reform, this requirement was removed. The rule of corroboration which was much stricter in a trial for the offence of rape than for other offence was also largely removed from law.
12. In IndiaIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more also so the rule of “Corroboration of the Prosecutrix’ has undergone a change through statutory amendments as also through decisions of this Court.
13. In State of Himachal Pradesh v. Raghubir Singh, (1993) 2 SSC 622, this Court observed as under:-
“There is no legal compulsion to look for corroboration of the evidence of the prosecutrix before recording an order of conviction. Evidence has to be weighed and not counted. Conviction can be recorded on the sole testimony of the prosecutrix, if her evidence inspires confidence and there is absence of circumstances which militate her veracity. In the present case the evidence of the prosecutrix is found to be reliable and trustworthy. No corroboration was required to be looked for, though enough was available on the record. The medical evidence provided sufficient corroboration.”
14. In State of Karnataka v. Mahabaleshwar Gourya Naik, AIR 1992 SC 2043:(1992) 3 Suppl. SCCSCC Supreme Court Cases 179, the Court went to the extent of laying down that even if the victim of rape is not available to give evidence on account of her having committed suicide, the prosecution case cannot be thrown away over board. In such a case, the non-availability of the victim will not be fatal and the Court can record a conviction on the basis of the available evidence brought on record by prosecution.
15. In spite of the decision of this Court that (depending upon the circumstances of the case) corroboration of the prosecutrix was not necessary, the cases continued to end in acquittal on account of mishandling of the crime by the police and the invocation of the theory of ‘consent’ by the Courts who tried the offence. To overcome this difficulty, the legislature intervened and introduced Section 114-A in the Evidence Act No. 43 of 1983 reading as under:-
114-A. PresumptionPresumption An inference of the truth or falsehood of a proposition or fact that stands until rebutted by evidence to the contrary. as to absence of consent in certain prosecution for rape:- In prosecution for rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of Section 376 of the Indian Penal Code (45 of 1860), where sexual intercourse by the accused is provedProved A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists; and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent”.
16. This Section enables a Court to raise a presumption that the woman who was the victim of rape had not consented and that the offence was committed against her will. The situation, however, has hardly improved. Conviction rates for rape are still lower than any other major crime and the woman continue to argue even today that in rape cases that victimised women, rather than the rapists, were put on trial. A large numberNumber Αριθμός of women still fail to report rapes to the police because they fear embarrassing and insensitive treatment by the doctors, the law enforcement personnel and / or the cross-examining defence attorneys. The fear has to be allayed from the minds of women so that if and when this crime is committed, the victim may promptly report the matter to the police and on a charge-sheet being submitted, the trial may proceed speedily without causing any embarrassment to the prosecutrix who may come in the witness box without fear psychosis.
17. We may, at this stage, refer to a decision of this Court in Delhi in Domestic Working Women’s Forum v. Union of India, (1995) 1 SCC 14, in which Court observed as under:-
“It is rather unfortunate that in recent times, there has been an increase, in violence against women causing serious concern. Rape does indeed pose series of problems for the criminal justiceJustice δικαιοσύνη > judicature ( δικαιοσύνη) > judge (δικαστής / κριτής). The whole purpose of Plato`s Republic is to search for Justice. The purpose of Justice is to establish a perfect State. The State of happiness (ευτυχία) system. There are cries for harshest penalties, by often times such crimes eclipse the real plight of the victim. Rape is an experienceExperience εμπειρία which sakes the foundations of the lives of the victims. For many, its effect is a
long-term one, impairing their capacity for personal relationships, altering their behaviour values and generating and less fears. In addition to the traumaTrauma Injury to the body, or an event that causes long-lasting mental or emotional damage of the rape itself, victims have had to suffer further agony during legal proceedings.”
The Court further observed as under:-
“The defects in the present system are:Firstly, complaints are handled roughly and are not given such attention as is warranted. The victims, more often than no, are humiliated by the police. The victims have invariably found rape trials a traumaticTrauma Injury to the body, or an event that causes long-lasting mental or emotional damage experience. The experience of giving evidence in Court has been negative and destructive. The victims often say, they considered the ordeal to be even wrose than the rape it self. Undoubtedly, the Court proceedings added to and prolonged the psychological stress they had had to suffer as a result of the rape itself.
In this background, it is necessary to indicate the broad parameters in assisting the victims of rape.
(1) The complainants of sexual assault cases should be provided with legal representation. It is important to have some one who is well-acquainted which the criminal justice system. The role of the victim’s advocate would not only be to explain to the victim the nature of the proceedings, 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 mindMind We know nothing about its origin, growth, or demise. Where it lives, can it live without a brain? Possibly, the mind is the soul and spirit. See Consciousness counselling or medical assistance. It is important to secure continuity of assistance by ensuring that the same person who looked after the complainant’s interests in the police station represent her till the end of 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 of 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 advocate 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, advocates 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 Article 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 account pain, suffering and shocks as will as loss of earnings due to pregnancy and the expenses of the child but if this occurred as a result of the rape.
In the present situation, the third respondent will have to evolve such scheme as to wipe out the fears of such unfortunate victims. Such a scheme shall be prepared within six months from the date of this judgment. Thereupon, the Union of India, will examine the same and shall take necessary steps for the implementation of the scheme at the earliest.”
18. This decision recognises the right of the victim for compensation by providing that it shall be awarded by the Court on conviction of the offender subject to the finalisation of Scheme by the Central Government. 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 Women’s Forum, the jurisdiction to pay interim compensation shall be treated to be part of the overall jurisdiction of the Courts trying the offences of rape which, as pointed out above is an offence against basis human rights as also the Fundamental Right of Personal Liberty and Life.
19. Apart from the above, this Court has the inherent jurisdiction to pass any order it consists fit and proper in the interest of justice or to do complete justice between the parities.
20. 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 Vermilion on her forehead and accepting her as his wife and also 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 Chakraborty a sum of 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 meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process. on the basis of the evidence as may be tendered before it and in accordance with law.
AIR 1996 SC 922 : (1995) 6 Suppl. SCRSupreme Court Reports It is the official Reporter of the reportable decisions delivered by the Supreme Court of India. It is published under the authority of the Supreme Court of India by the Controller of Publications, Government of India. 731 : (1996) 1 SCC 490 : JT 1995 (9) SC 509 : (1995) 7 SCALE 228
