COURT ON ITS OWN MOTION Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-4-136
HIGH COURT OF JHARKHAND
Decided on April 26,2013

COURT ON ITS OWN MOTION Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) Learned counsel, Mr. Rajeev Kumar, pointed out that today in the newspaper namely "Prabhat Khabar", some facts have been given which indicate that in spite of national awareness about the prevention of crimes against the women, after Delhi Gang Rape Case, which occurred on 16th December, 2012, in Jharkhand, in only four months thereafter, 14 cases have been reported of heinous crime against the women. The dates and particulars have been given in the newspaper which indicate that such crimes were committed on 28th January, 2013; 30th January, 2013; 31st January, 2013; 1st February, 2013; 11th February, 2013; 11th February, 2013; 25th February, 2013; 27th February, 2013; 27th February, 2013; 20th March, 2013; 18th April, 2013; 21st April, 2013; 22nd April, 2013 and 22nd April, 2013. We are conscious that these are the matters reported by the newspaper by collecting the details which may be available and accessible and there may be much more such offences which may have been hushed up as sought to be hushed up in the recent past also. A matter has already been reported in the media wherein an amount of Rs. 2,000/- has been given for bypassing of the matter. The State of Jharkhand has more population of downtrodden as well as illiterate persons and more persons have not yet courage to approach lawful authority for protection of their lives and dignity.
(2.) In view of the above reasons, the newspaper report is taken cognizance and the office is directed to register it to be a "Public Interest Litigation" petition and notice be issued to the Chief Secretary, Government of Jharkhand, Principal Home Secretary, Government of Jharkhand, and Director General of Police, Government of Jharkhand so that they may assist the Court and intimate that after framing the stringent law for prevention of such offences, in fact, what other measures have been taken by the Government so as to prevent the commission of offence.
(3.) We may observe here that punishment to the accused in such cases may be a method to make aware other persons of the consequence of such crimes but at the same time the State should be conscious that the punishment is no relief to the victim. The prevention is most important in such type of matter as the loss caused to the victim neither can be compensated nor can be undone by any manner and in a matter of such offences, it also ruins the life of the victim and trauma of the victim cannot be assessed. Therefore, the Court wants to know how such offences can be prevented by the State Government.;


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