JUDGMENT

Rajasekhar Mantha, J.—The writ petitioner has been a victim of trafficking. She was identified, traced out and brought back from Pune to West Bengal. Proceedings have been lodged against the four accused persons. Two of such persons have been arrested and two are stated to be absconding.

2. The victim had filed an application under the West Bengal Victim Compensation Scheme of 2017. Such scheme came to be framed after the Criminal Procedure Code, 1973 was amended to bring in Section 357A in the year 2009 (w.e.f. 31.12.2009). Section 357A of the Code of Criminal Procedure was set out hereinbelow:—

“Section 357-A. Victim compensation scheme.—(1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.

(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1).

(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.

(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.

(5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.

(6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer-in-charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.”

3. The aforesaid Scheme of 2017 has laid down eligibility criteria at Clause 4 of the Scheme. The criteria is set out as follows:—

“Eligibility for Compensation.—Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his/her dependents may make an application to the State or the District Legal Services Authority for award of compensation if,—

a) he/she has not been compensated for the loss or injury under any other Scheme of the Central or State Government, insurance company or any other institution,

b) the loss or injury sustained by the victim has caused substantial loss of income to his/her family making it difficult to meet their both ends without any compensation.”

A plain reading of Section 357A and Clause 4 of the Scheme above would indicate that the object and purpose behind the same is compensation to the victim primarily for the purpose of rehabilitation. A victim can claim rehabilitation during the pendency of the trial, prior to its commencement or upon conclusion of a trial. The narrative behind Section 357A and the Scheme abundantly indicates the same.

4. It is further evident that compensation can be awarded by the State Legal Services Authorities either upon a recommendation of the trial court where the trial had already commenced or on an application by the victim himself/herself prior to the commencement of the trial. It has been stipulated both under Section 357A as also the Scheme that a victim herself can make an application where the accused have not been identified or traced and the tr