New Delhi [India], May 21 : A 33-year-old ailing woman, who suffers from neck-down complete paralysis, on Wednesday moved a plea in the Supreme Court seeking medical aid, compensation and enhanced punishment to cab-driver man, who subjected her to brutal repeated rape and sexual violence for 7 months, before he was convicted for rape by a Punjab court and sentenced to 10 years of rigorous imprisonment.
The matter mentioned on Wednesday before a bench led by Chief Justice of India BR Gavai is listed for hearing on Friday.
As per her plea, the ailing woman was subjected to prolonged and brutal sexual violence, physical assault and illegal confinement by the now convicted man, between August 2022 and March 2023.
After subjecting her to the aforesaid brutality, the convict took the woman to Presidency Hotel, Jalandhar, where he raped her again after sedating her. He then called the 'One Stop Centre' hospital and falsely stated that he had found a mentally challenged and physically disabled woman on the roadside. He destroyed all her official documents before doing so.
On March 8, 2023, an FIR was registered at Model Town Police Station in Hoshiarpur, based on the victims' statement.
Her statements were recorded and she was sent to a protective home in Jalandhar. There, she faced harassment from the convict's family and officials, lacked medical care, and was mistreated.
She was finally rescued by a friend and brought back to Delhi in December 2023.
A chargesheet was filed on August 20, 2024, and on subsequently the trial court convicted the man under Section 376 IPC, sentencing him to 10 years of rigorous imprisonment.
The accused man also challenged the judgment before the Punjab and Haryana High Court. Meanwhile, the victim received a letter from the Legal Services Authority requesting documents she no longer had as the convict destroyed those.
As per her plea, the victim is still living without proper medical care, shelter, and is receiving death threats from unknown persons urging her not to oppose the appeal.
Thus, the victim is seeking specialised medical treatment, rehabilitation, legal aid and protection by the top court.
As per the grounds raised in her plea, the victim has submitted that the rape in illegal confinement of a physically disabled woman constitutes an egregious violation of Article 21 of the Constitution of India, infringing not only her bodily integrity but also her dignity, privacy, and mental well-being.
The plea further adds that as per the relevant provisions of the Criminal Procedure Code, the District Legal Services Authorities (DLSAs) are mandated to provide immediate medical and financial assistance to victims, either upon application or court recommendation.
Moreover, the Delhi Victim Compensation Scheme, 2018, entitles her to continuous medical and surgical care and similarly the Punjab Victim Compensation Scheme, 2017 provides for recurring treatment-related compensation, the plea states.
The victim also seeks access to the complete trial court records, as she is financially and physically incapable of obtaining them herself. Without these documents, the plea states, she cannot exercise her right to file an appeal against the trial court judgment seeking enhanced punishment for the convict.
She, therefore, requests that the top court direct the State to provide these records at its expense and grant her liberty to file an appeal before the Delhi High Court to ensure access to justice.
Senior Advocate Shobha Gupta, advocates Namrata Mohapatra and Achalika Ahuja, are representing the petitioner. Advocate Dhiraj Abraham Philip filed her petition.