BIRANCHI NARAYAN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner being the father of a female student, who was raped and murdered by a teacher in a Government School during school hours within the school premises, has filed this writ petition praying for issuance of a writ of mandamus or any other appropriate writ directing opposite party No. 1-State of Orissa, represented through the Commissioner-cum-Secretary, School and Mass Education Department, Government of Orissa, Bhubaneswar for payment of compensation of Rs. 10,00,000/- (rupees ten lakh) to the Petitioner.

(2.) Petitioner?s case in a nutshell is that on 30.09.2008 at about 11.30 A.M. the daughter of the Petitioner, Shibani, a student of Class-VII in the Government Project U.P. School, Nimina was found dead in the toilet of the said school with bleeding injury on her vagina. Polsara P.S. Case No. 98 dated 30.09.2008 was registered under Sections 302/376 IPC against the accused persons, who are the teachers of the said school, namely, Durga Prasad Sahu, Santha Charan Pattnaik and Biswanath Gouda on the basis of the written complaint of the Petitioner. Autopsy was conducted on the body of the deceased-student-Shibani Sahu which indicated that she was raped and murdered. The learned Sessions Judge, Ganjam-Gajapati, Berhampur vide his judgment dated 27.07.2010 convicted Santha Charan Pattnaik under Sections 302 and 376 I.P.C. and sentenced him to undergo rigorous life imprisonment for the offence under Section 302 and seven years rigorous imprisonment for the offence under Section 376 I.P.C. and to pay a fine of Rs. 10,000/- (rupees ten thousand) in default to suffer rigorous imprisonment for two years more with a direction that both the sentences shall run concurrently.

(3.) Mr. Prabir Kumar Das, learned Counsel appearing on behalf of the Petitioner submits that the death of 12 year old daughter of the Petitioner due to the heinous crime of a teacher of the said school caused intense mental trauma and agony to the family of the Petitioner. The death of the only daughter of the Petitioner at such tender age is an irreparable loss to the petitioner?s family. Had the daughter of the Petitioner not died in such cruel and tragic circumstances, she would have completed her studies and after growing up as an adult she would have supported the family and served the society as a responsible citizen. The rape and murder of the deceased girl is a shocking and outrageous incident because a female student is supposed to be taught and taken care of by the teacher in a school. The rape and murder of a young girl aged about 12 years by a teacher in a school during the school hour is a heinous crime. The said incident gives a picture of failure of the State to ensure safety and dignity of a female student in the Government School resulting in violation of her right to life under Article 21 of the Constitution. The girl was under the care and custody of the Department of School & Mass Education, Government of Orissa where she was attending her classes. Therefore, the above said Department of the State Government is vicariously liable to compensate the family of the deceased for violation of constitutional right to life of the deceased by an employee of the State.