G.K. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The crime of rape can be regarded as the highest torture inflicted upon womanhood. It causes not only the physical torture to the body of the woman but it adversely affects her mental, psychological and emotional sensitivity. Therefore, rape is treated as the most heinous crime against the very basic human right and woman's most important fundamental right, namely Rs.the right of life'. It is less a sexual offence than an act of aggression aimed at degrading and humiliating women. Such cases are required to be handled by the Courts with utmost sensitivity and high responsibility.

(2.) An unfortunate incident occurred with a two years old minor daughter of the petitioner on 19/7/2004, when rape was committed by the respondent No. 4 and a FIR No. 213/2004 was registered against the accused with the Police Station Sodala, Jaipur for the offences under Ss. 365 & 376 of the Indian Penal Code (for short Rs.IPC') and after investigation, he was charge-sheeted and tried by the Court of Additional Sessions Judge (Fast Track) No. 1, Jaipur City, who found him guilty and convicted him for the offences under Ss. 365 and 376 IPC vide judgment dtd. 31/5/2005 and sentenced him to undergo ten years rigorous imprisonment with a fine of Rs. 500/- for each offence, but no compensation has been awarded to her.

(3.) After passing of the aforesaid judgment, the petitioner submitted an application before the District Collector, Jaipur for grant of compensation of Rs. 3,00,000/- to his daughter, a minor rape victim, but the said application remained undecided for want of any such provision in law.