SH. BODHISATTWA GAUTAM versus MISS SUBHRA CHAKRABORTY

SH. BODHISATTWA GAUTAM versus MISS SUBHRA CHAKRABORTY

The Supreme Court, exercising its wide powers under Article 32 and to do complete justice, holds that trial courts have inherent jurisdiction to award interim compensation to victims of rape during the pendency of criminal proceedings, not limited to post-conviction stage. The right to compensation is a facet of the...

Source-derived case information.

Parties
Petitioner: Sh. Bodhisattwa Gautam; Respondent: Miss Subhra Chakraborty (alias Kalpana)
Jurisdiction
India
Judgment Date
15 December 1995
Procedural Posture
Special Leave Petition (criminal) / Disposition on Interim Order Regarding Compensation During Pendency of Trial
Outcome
Petition disposed of with direction to pay interim compensation
Legal Topics
Enforcement of Fundamental Rights, Interim Compensation to Rape Victims, Jurisdiction of Supreme Court Under Article 32, Rape and Corroboration of Prosecutrix, Victim Compensation in Rape Cases
Constitutional Law Criminal Law Enforcement of Fundamental Rights Interim Compensation to Rape Victims Jurisdiction of Supreme Court Under Article 32 Rape and Corroboration of Prosecutrix Victim Compensation in Rape Cases

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Parties

Sh. Bodhisattwa Gautam

Petitioner

Miss Subhra Chakraborty (alias Kalpana)

Respondent

Procedural Posture

Special Leave Petition (criminal) / Disposition on Interim Order Regarding Compensation During Pendency of Trial

Legal Issues

  1. 1 Whether Supreme Court can award interim compensation to rape victim during pendency of criminal proceedings
  2. 2 Scope of court's jurisdiction under Article 32 of the Constitution for enforcing fundamental rights
  3. 3 Necessity of corroboration of prosecutrix in rape cases

Ratio Decidendi

The Supreme Court, exercising its wide powers under Article 32 and to do complete justice, holds that trial courts have inherent jurisdiction to award interim compensation to victims of rape during the pendency of criminal proceedings, not limited to post-conviction stage. The right to compensation is a facet of the right to life with dignity, and judiciary may act suo motu to enforce fundamental rights, even in proceedings between private parties.

Court Disposition

Petition disposed of with direction to pay interim compensation

Orders

  • Bodhisattwa Gautam shall pay Subhra Chakraborty a sum of Rs. 1,000 every month as interim compensation during pendency of Criminal Case No. 1/95 in the court of Judicial Magistrate, 1st Class, Kohima, Nagaland.
  • He shall also pay arrears of compensation at the same rate from the date of the complaint till date of order.