C VIJAYA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS case relates to an incident involving sorry state of affairs in which Vijaya of 22 years old, a Dalit, alleged "untouchable" woman, had been subjected to the "violent touch" by her being gang raped by the police personnel attached to the Union territory of Pondicherry, who are said to be the custodian of law.

(2.) THE said victim of the rape has approached this Court seeking several prayers. THE main prayers in this petition are to direct C.B.C.I.D. Police, Villupuram, the third respondent herein to add the appropriate sections under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in the charge sheet and present it before the Special Court, to furnish the copies of the documents filed before the court to the petitioner and to direct the Pondicherry Government, the second respondent to pay the relief amount to the petitioner as per the Act and to pay compensation for the negligence and violation of law shown by it.

(3.) ON perusal of the petition, affidavits and other documents filed before this Court and case diary and charge sheet copies produced before this Court by the police, it is clear that there are prima facie materials to prove that the victim Vijaya was gang-raped by the police personnel attached to the Pondicherry Grand Bazaar Police Station. There is also no dispute in the fact that the victim Vijaya belongs to Irula Community, which is a Scheduled Tribe. Admittedly, the charge sheet has been filed before the Judicial Magistrate, Gingee for the offences under Secs.366 and 376(2)(a)(iii) and (g) of I.P.C.