The Allahabad High Court while clarifying the procedure for rape victims for claiming compensation observed that the ‘eligibility’ of the victim for grant of compensation and quantum thereof can only be decided by the District Legal Services Authority (D.L.S.A).
The court concerned can only make a ‘recommendation’. It falls within the jurisdiction of D.L.S.A to decide whether the ‘claim’ falls within the parameter of the scheme of 2014 or not. The role of the court, in such circumstances is formal and no more.
A Single Bench of Justice Jyotsna Sharma passed this order while hearing a petition filed by Sri Ramesh Alias Mehandi Hasan.
The petition has been filed challenging the order dated 09.02.2023, passed in a case under sections 363, 376 I.P.C by which, the application moved by the victim in the light of order passed in Writ for grant of compensation, was dismissed.
The relevant facts of the case are as below.
(i) In a criminal case tried by Second Additional Sessions Judge, i.e S.T No. 629 of 2010 under sections 363 and 376, the petitioner was a victim of rape. The accused was put to trial and was convicted and sentenced to life imprisonment along with fine of Rs 25,000/- for the offence of 376 (2) (cha).
(ii) The Second Additional Sessions Judge also ordered that half of the fine shall be payable to the victim as compensation.
(iii) It is submitted by the petitioner that the convict is in judicial custody and he has filed an appeal challenging the above judgment and order. The convict is lodged in jail and the appeal is pending and that till now, no fine has been deposited, therefore, no compensation could be obtained by her.
(iv) The victim filed a Writ with a prayer for grant of compensation under section 357, 357-A Cr.P.C which was decided by the order passed by the High Court 18.12.2018.
The way the matter of compensation has been handled by the court concerned, gives an impression that the court was unaware of the scheme and the formalities required for grant of compensation as provided in U.P Victim Compensation Scheme, 2014, the Court said.
The Court noted that,
Section 357 Cr.P.C provides that when a court imposes a sentence of fine while passing a final judgment, whole or any part of the fine recovered, may be applied for payment of compensation for any loss or injury caused to any person, however, no such payment shall be made before the period allowed for presenting the appeal has elapsed or if an appeal be presented, before the decision of the appeal.
Section 357-A, which has been introduced in Cr.P.C by Act V of 2009 w.e.f 31.12.2009, empowers the State Government, in coordination of the Central Government, to prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who suffered loss or injury as a result of a crime.
Under the powers as available under section 357-A, the Uttar Pradesh Victim Compensation Scheme 2014, has come into force.
Schedule-1 annexed with the scheme provides for the maximum limit of compensation which can be paid to a rape victim. A victim compensation fund, from which the compensation can be defrayed under the scheme, has already been established. This fund is operated by the Secretary, State Legal Services Authority.
The Court further noted that,
Para-5 of the scheme provides that the recommendation for grant of compensation can be made by the court. This recommendation can be made on the application moved by the victim or by the court suo moto. Whenever, such a recommendation is received by District Legal Services Authority, it shall examine the case and verify the contents of the claim and after observing other formalities, as provided under the scheme and after due inquiry, award compensation within two months from the date of receipt of the recommendation in accordance with the provisions of the scheme.
“It appears that the trial court, while considering the application given by the victim, was not aware of such a scheme. It also appears that the provisions of section 357-A were not considered by the court concerned in the right perspective and the application was dismissed on the basis of the report of the Probation Officer only.
This fact has been brought to my knowledge that an appeal filed against the judgment and order passed by the trial court is pending. Indisputably, the matter for grant of compensation can be considered by the court whether it is trial court or the court of appeal and accordingly, the District Legal Services Authority may be asked to verify the claim and to proceed as per provisions of the scheme”, the Court observed.
In view of the above legal position, the Court disposed of the petition with liberty to the petitioner to move suitable application either before the Court considering the matter of appeal or before the concerned District Legal Services Authority, within a month. In case, the matter comes before the District Legal Services Authority, it shall be considered by the authority, as per law.