EDI GANIRAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner belongs to Scheduled Caste community. He has three daughters. His eldest daughter, by name Ammaji, aged about 14 years, during 1996-1997, was studying 8th class in P.L.K. High School, Palakol and was staying in S.C. Girls Hostel No.2 at Sambhinipeta. The petitioner states that the Matron of the Hostel, namely Smt. G. Venkatalaxmi, used to take his daughter to her house, for domestic work. While so, the petitioner states that in the month of September, 1996 the husband of the Matron by name Sri Ganta Daiva Ashirwadam, committed rape on his daughter and continued such acts of rape, till she became pregnant. Immediately, on knowing about the pregnancy, he lodged a report with the Station House Officer, Palakolu, who registered the same as Crime No. 30 of 1997 on 05.03.1997 for the offence under Section 376 IPC and under Section 3(xii) of the Scheduled Castes/Schedule Tribes (Prevention of Atrocities) Act, 1989. The petitioner states that though the District Collector and the Hon'ble Minister for Social Welfare, promised ex-gratia of Rs.1,00,000/- and Ac. 1 -00 of land and admit his daughter into a residential school for continuing further studies and provide her free medical aid till delivery, they paid only Rs.5,000/-. Therefore, he filed the present writ petition assailing the inaction of the respondents in not paying compensation as promised.

(2.) As far back as in January, 1998, the District Collector filed counter. On directions by this Court, the Commissioner, Social Welfare Department, Andhra Pradesh, Hyderabad, filed detailed counter on 10th February, 2006 as to the steps taken on the claim made by the petitioner. The learned Government Pleader for Social Welfare reiterating the counter-averments submitted that the victim as well as the accused belong to Scheduled Caste. As per G.O. Ms. No.3, Social Welfare (H1) Department, dated 16-01 -1996, if the victim belongs to Scheduled Caste or Scheduled Tribe and the accused a non-Scheduled Caste and non-Scheduled Tribe, then a sum of Rs.25,000/- will be paid to the victim on the day of incident after her medical examination, and even though both the victim and accused belong to Scheduled Caste, on humanitarian grounds a sum of Rs. 5,000/- was paid to the victim on 10-04-1997 as ex gratia. The Executive Director, S.C. Co-op. Finance Corporation, West Godavari, paid an amount of Rs.11,000/- towards medical expenses. Therefore, the victim is neither entitled to any further monetary compensation nor any land site, and more so when she had already become a major. He submitted that the Matron was suspended, and after departmental enquiry, punishment of stoppage of three annual increments with cumulative effect was imposed. He submitted that the accused was acquitted in the criminal case, while the Matron was convicted for engaging child labour and was imposed a fine of Rs.6,000/-. The victim was admitted and continued in the same hostel for pursuing her further studies. He submitted that there is no provision to provide job to the victim or provide financial assistance to the victim's father. Apart from that, he submitted that neither the accused nor the Matron, has been made a party-respondent. He submitted that the victim having been married to another person, is blessed with two children, and as such, she is not entitled to any compensation. He thus prayed that the writ petition be dismissed.

(3.) Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare.