(1.) .This Civil Appeal (by the original defendant No. 3 in the civil suit) is directed against the judgment and decree passed by the 6th Joint Civil Judge (S.D.), Bhavnagar in Special Civil Case No. 124 of 1990 on 22-12-1999. The original-plaintiffs Naynaben Vanmalidas aged 22 years and Sagirbabi Dilavarbhai i.e., minor daughter of the plaintiff No. 1 filed a suit for damages and compensation claiming a sum of Rs. 65,000.00 with 12% interest. The suit was filed on 18-8-1990 and the State of Gujarat, Social Welfare Officer and Dilavar Rustamkhan were impleaded as defendant Nos. 1 to 3 respectively.
(2.) The case of the plaintiff No. 1 was that she was living with her widowed mother Champaben Vanmalidas and was doing the household work. Her father Vanmalidas had expired six years ago and her mother Champaben was doing the work of 'Hamaal' at the Railway Station. It appears that the State of Gujarat and the Social Welfare Officer were impleaded as defendant Nos. 1 and 2 in the suit by saying that it was the duty of the Welfare State to protect the women and the members of Scheduled Caste and Scheduled Tribe against atrocities. The plaintiff No. 1 had affairs with the defendant No. 3 when she was of 15 years of age and the defendant No. 3 had promised to marry her and also had sex with her forcibly. The plaintiff No. 1 was conceived because defendant No. 3 had sex with her and thereupon her mother lodged a complaint against the defendant No. 3 on 10-2-1984 at Police Station Division A that the plaintiff No. 1 had delivered a female child as a result of the forcible sex with the plaintiff No. 1 by the defendant No. 3. It was alleged that on this account, the defamation was suffered and there was loss of reputation in the society and physical and mental torture was suffered. A notice dated 18-9-1986 was given to the defendant Nos. 1 and 2 under Sec. 80 of the Civil Procedure Code and since the State had failed to take any action against the defendant No. 3 for the unlawful act of forcible sex and rape committed by him against the plaintiff No. 1 resulting into the pregnancy and the delivery of a female child to her, a sum of Rs. 60.000.00 was claimed as a compensation and a sum of Rs. 5,000.00 with 12% p. a. interest was claimed from the defendants by the plaintiff Nos. 1 and 2 respectively. It was also alleged that the defendant No. 3 was doing the business of mike and decoration at Bhavnagar and was earning a sum of Rs. 2000-2500.
(3.) The defendant No. 1 and 2 did not file any written statement but on behalf of the defendant No. 3, the written statement at Exh. 17/A was filed and the claim of the plaintiff was sought to be traversed. The allegations of having any affairs with the plaintiff No. 1 by the defendant No. 3 were denied and allegations of forcible sex, rape and the birth of female child to the plaintiff No. 1 at his instance were also denied and it was pleaded that the defendant No. 3 was married for last 8 years and he had 4 children, and therefore, the suit be dismissed.