Gujarat High Court
Rupliben Wd/O Vinodbhai Patel vs State Of Gujarat on 30 March, 2021
Bench: Sonia Gokani, Gita Gopi
R/SCR.A/1830/2021 ORDER
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/SPECIALCRIMINALAPPLICATIONNO. 1830of 2021
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RUPLIBENWD/OVINODBHAIPATEL
Versus
STATEOF GUJARAT
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Appearance:
UMARFARUKM KHARADI(8155)for the Applicant(s)No. 1
NOTICESERVED(4)for the Respondent(s)No. 2,3,6
NOTICEUNSERVED(8)for the Respondent(s)No. 4,5
MS JIRGA JHAVERI, ADDL. PUBLIC PROSECUTOR(2)for the Respondent(s)No. 1
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CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MS. JUSTICE GITA GOPI
Date: 30/03/2021
ORALORDER
(PER: HONOURABLEMS. JUSTICESONIAGOKANI)
1. Pursuant to the directions issued by this Court on 18.03.2021, the
Corpus was taken to SSG Hospital, Vadodara. The Department of
Radiology has diagnosed as follows:-
"Uterus size : 8.5(L) x 4.9(W) x 6.5(BC) cm, moral. CET : 14.5
mm.
No evidence of intrauterine retained products of conception noted.
Bilateral ovaries normal, shows fes follicles within."
2. It also further emerges that the Medico-Legal Certificate from
Godhra General Hospital forms part of the record. There may not be any
requirement for the Court to further dilate, except the fact that the level of
Hemoglobin of the Corpus, as mentioned in the earlier order, was only 5
gm/dl when taken to SSG Hospital, Vadodara. Various reports have been
R/SCR.A/1830/2021 ORDER
carried out and there is a mention of a spontaneous abortion possibly on
account of weak condition. The Report of Mr. M.K. Khant, Police
Inspector, Godhra Taluka Police Station, inadvertently, makes a mention
of the abortion having been done on 19.03.2021. On a query being raised
in presence of learned PDJ Mr. Shah, he admits this to be his mistake.
The Corpus is presently with the Women Shelter Home and is today
urging the Court to allow her to go with her mother.
3. We notice that the Corpus is only 14 years old and has undergone
the trauma of not only the alleged rape but also of having carried the
fetus, which has now been aborted on account of her ill-health. Therefore,
there is a need of taking medically extra-care of the Corpus, as she is
returning to her parental home. Her mother shall take additional care on
this aspect.
4. We have requested the learned PDJ to provide her legal aid, as
provided by the Apex Court in the case of Delhi Domestic Working
Women's Forum v. Union of India & ors., (1995) 1 SCC 14. We had
particularly asked the Investigating Officer as to whether he was aware of
the list of empaneled Advocates maintained in the Police Station, as has
been directed by this Court; however, he has shown his ignorance. We
notice that various measures have been directed by the Apex Court in
different judgments and particularly, in case of rape victims, even before
the POCSO Act came into play. Very seldom the ratio are being followed
as expected and as obligated under the law. The learned PDJ, under the
banner of District Legal Services Authority, can also conduct legal camps
in association with the District administration. The concerned
Superintendent of Police shall extend necessary cooperation for the
appraisal of the Investigating Officers so that they could discharge their
R/SCR.A/1830/2021 ORDER
duties more efficiently and in accordance with the law of the country. The
module could be worked out by the Director, Gujarat State Judicial
Academy for implementation in all the Districts, so that more and more
efficiency is brought into the administration and in the investigation.
5. So far as payment of compensation to victims sexual assault and
rape under the Victim Compensation Scheme is concerned, the State has
formulated the Victim Compensation Rules, 2019. For getting the said
benefit, an application shall be made for and on behalf of the victim, for
which the Lawyer concerned also shall be guided by the permanent
Secretary, District Legal Services Authority. Such application shall be
expedited so as to ensure that the victim gets benefit of interim / final
compensation. The Corpus will be permitted to join her mother and the
Investigating Officer shall ensure her periodical visit to the Hospital at
the end of every fortnight, at least for the period of next two months, so
that her level of Hemoglobin is brought to normal levels. The Corpus
could also be given necessary supplements for the overall improvement
of her health.
6. The matter be posted on 20.04.2021, for knowing the well-being of
the Corpus. We acknowledge the presence of learned PDJ, who shall also
take necessary follow-up action in this regard.
( SONIAGOKANI,J)
( GITA GOPI, J )
PRAVIN KARUNAN
