LILABATIBAISHYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) In the Hindu Dharmashastras, the wife is known as Jaya, because one's own self is begotten on her. According to the Maliabharata, by cherishing woman, one but virtually worships the Goddess of prosperity herself. By officiating her one but affix the Goddess of prosperity. A man's half is his wife; the wife is her husband's best friend; the wife is the source of Dharma, Artha and Kama and she is also the source of Moksa. In the Ramayana the wife is said to be the very soul of her husband, she is Grihani (the lady of the house) in her husband's household, Sachiva (wise counselor), Sakhi (confidence) to her husband and dearest disciple of her husband in the pursuit of art. She is also Griha-laksmi and Ardhangini. She is the Samarajyi (Queen) in the household of her husband. Side by side with this idealized picture of woman, the institution of Rape has also flourished and has rather come to stay in the society. The Apex Court has described rape as follows: "Rape is a crime not only against the person of a woman, it is crime against the entire society. It destroys the entire psychology of a woman ad pushes her into deep emotional crisis. Rape is, therefore, the most hated crime, it is a crime against basic human rights and is violative of the victim's most cherished right, namely, right to life which includes right to live with human dignity contained in Article 21. (1996) 1 SCC 490; (Bodhisattwa Gautom Vs. Subhra Chakraborty)

(2.) The petitioner in this writ proceeding is the victim of rape by none other than Army Personnel. She was so raped by two Army Personnel belonging to 313, Field Regiment. The incident occurred on 16.6.98. Three Army Personnel entered the residential premises of the petitioner and at the first instance assaulted the husband of the petitioner and thereafter he was kept at gunpoint at the courtyard of the petitioner's residence. Thereafter, two Army Personnel physically assaulted the petitioner, which resulted injury to her. The husband of the petitioner also sustained injuries. It would have been another thing had the matter rested thus. Unfortunately it was not to be so. The dignity of the petitioner was at stake. The two Army Personnel raped her.

(3.) The husband of the petitioner lodged an FIR on 17.6.98 at Nalbari Police Station on receipt of which a Criminal Case being Nalbari P.S. Case No. 181/98 under Section 448/325/376/324/34 of the 1PC was registered. The petitioner was also medically examined on 17.6.98 by the Medical & Health Officer, Civil Hospital, Nalbari, which detected 5 injuries on the body of the peti- tioner. The Medical & Health Officer submitted his report on 18.6.98 reflecting the injuries. This was followed by necessary forensic examination, which confirmed rape on the petitioner. Thereafter the police took up the matter with the Army Authority. Accord- ingly a Test Identification Parade was conducted and the petitioner could identify the two rapists belonging to the aforesaid Regiment camped at Nalbari. The said two Army Personnel were identified as No. 15124292 N. Gunner (Washer man) A. Ramalingam and No. 14487667 Y. Gunner Rangiram.