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Criminal LawSupreme Court of India

Tekan alias Tekram v. State of M.P. (now Chhattisgarh)

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 884 of 2015)Decided 11 Feb 2016
Criminal Appeal No. 884 of 2015
Justice M.Y. Eqbal · Justice Arun Mishra

Background

The appellant was convicted under Section 376 IPC (rape) and sentenced to 7 years' imprisonment for repeatedly having sexual intercourse with a blind, illiterate young woman on a false promise of marriage, after both the trial court and the High Court had upheld the conviction based on the victim's testimony (she could identify him by voice and touch), medical evidence, and his own admission before a village Panchayat. He appealed to the Supreme Court challenging the conviction and sentence.

Decision Breakdown

The Supreme Court, after examining the evidence, found no infirmity in the concurrent findings of the trial court and High Court and upheld the conviction. Beyond the conviction itself, the Court examined the question of victim compensation, surveying widely varying state compensation schemes under Section 357-A CrPC (ranging from Rs. 20,000 to Rs. 10,00,000 for rape) and urged all states to adopt a more uniform, generous scheme. Given the victim's extreme vulnerability, blind, unmarried, living alone with no family support, the Court declined to order a lump-sum payment (since she could not safely manage a large sum) and instead directed the State to pay her Rs. 8,000 per month for life, treating this as equivalent to interest on a notional Rs. 10,00,000 fixed deposit.

Lesson Learnt

Courts can tailor victim compensation to the practical realities of the victim's life, a vulnerable person who could not safely manage a lump sum can instead be awarded a structured monthly payment, and the judgment highlights the lack of a uniform national compensation standard for rape victims as an issue needing legislative attention.

Tekan alias Tekram v. State of M.P. (now Chhattisgarh) – Legal Case Shots | LegalAware