2. In a latest Judgment, the Apex Court, in AIR 2000 SC

988 held in a case of rape committed on Bangladeshi woman

by Railway employees or Union of India, Since public functionaries

w ere involved who were guilty of the alleged offence of rape

and since the matter pertains to the violation of fundamental

rights and also enforcement of the public duties, remedy would

be available under the public law not-withstanding that a suit

could be filed for damages under private law , it was more so

where it was not violation of an ordinary right of a person but

the violations or fundamental rights guaranteed under Article 21

of the Constitution. The Supreme Court held the Union of

India to be vicariously liable in damages, as an employer, to

the person, wronged by its employees.