Tamil Nadu - Chennai   

Rape victim gets Rs. 5 lakh compensation

Special Correspondent

Government directed to give her a piece of farmland at concessional rate

CHENNAI: More than 16 years after a Dalit woman was raped in custody by a sub-inspector, the Madras High Court awarded her a compensation of Rs. 5 lakh and a piece of farmland at concessional rate.

Lakshmi, wife of C. Thekkamalai, a cobbler, went to the Vaiyampatti station to enquiring about her husband, who was picked up by the police in connection with a theft case.

According to Thekkamalai's writ appeal, his wife was relieved of her small gold and brass jewellery before being raped.

A case of rape and intimidation was registered against the sub-inspector only after the intervention of senior police officials. He was found guilty of rape and other offences and sentenced to rigorous imprisonment for 10 years. He was also directed to pay Rs. 2 lakh to Lakshmi and another Rs. 50,000 to her husband. The sentence and the compensation were confirmed by the High Court.

The SI is still in jail, and is yet to make any payment.

On a separate writ petition filed by the victims, a single judge awarded an interim compensation of Rs. 75,000 to Lakshmi. Pursuant to the orders, the Government paid Rs. 75,000 towards interim compensation and another Rs. 10,000 for rehabilitation. The present appeal sought enhancement of the compensation and rehabilitation package.

P. Rathnam, counsel for the victims, said it was a case of vicarious liability of the State for the criminal or tortuous acts of illegal arrest, unlawful detention on the basis of a false First Information Report and rape committed by the sub-inspector.

Concurring with the averments, the First Bench of Chief Justice A.P. Shah and Justice F.M. Ibrahim Kalifulla said: "A heinous crime of rape committed by the police personnel, who are public functionaries, clearly relates to the violation of basic human rights as well as the Fundamental Right guaranteed in the Constitution. The victim would be entitled to a fair and reasonable compensation."

Enhancing the compensation to Rs. 5 lakh, the judges said that since the State had already paid Rs. 85,000, it must remit Rs. 4.15 lakh, along with six per cent annual interest, within eight weeks. The amount shall be deposited in the Tamil Nadu Power Finance Corporation for three years. During the period, Lakshmi could withdraw the interest every three months. The Government must also consider allotting an agricultural land to her at a concessional rate.

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