HENITO Vs. UNION OF INDIA

JUDGEMENT

(1.) The unpleasant facts leading to the filing of the present writ petition with a prayer to claim compensation to the tune of Rs. 10,00,000/- (Rupees ten lakhs) only is briefly recited.

(2.) Petitioner No.2, Miss Vikheni was reading at the Govt Middle School, Mokochung in Class V, and she was aged about 12 years on 30.3.1997. On that day, at about 3.30 PM, respondent No. 6, Sepoy Shinde Vilas Kashinath of 15 Bn Maratha Light Infantry attached to 12 Bn Madras bearing Regimental No. 2786438 W, posted at Mokokchung town committed an offence of rape of the person of the petitioner No. 2 against her will and without her consent. Immediately thereafter, the residents of the town raised hue and cry, and the respondent No. 6 was arrested and tried by Summary General Court Martial. On his plea of guilt, the respondent No. 6 has been convicted and sentenced to 8 (eight) years rigorous imprisonment, and dismissed from service by the Summary General Court Martial by an order dated 25.7.1997, and the same was confirmed on 6th September, 1997.

(3.) It is averred in paragraph 5 that the commission of offence of rape perpetrated by the respondent No. 6 on the person of petitioner No. 2 is violative of fundamental rights to life and personal liberty as enshrined under Article 21 of the Constitution of India. It is also averred that the respondent No. 6 has committed criminal offence in the course of his employment under the respondent Nos 1, 2, 3, 4 and 5, and the respondents are vicariously liable for the act and commission of the respondent No. 6.