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BIBEK CHAUDHURI
Indian Oil Corporation Limited – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Bibek Chaudhuri, J.) : –
1. A short question involved in the instant criminal revision is as to whether a trial court while acquitting an accused can pass an order of compensation against the employer of the said accused under any of the provisions of Section 357 of the Code of Criminal Procedure.
2. Opposite party No.2 PBK Menon was the Deputy Manager (Systems) of Indian Oil Corporation Ltd, a Government company. On 18th December, 1993, the Central Bureau Investigation (hereafter referred to as CBI for short) registered a suo moto a FIR on the basis of source information against one Zenith Electronic and Power Systems and its proprietor N.V Pravakarn alleging, inter alia, that the said N.V Pravakarn had entered into a criminal conspiracy with some unknown persons inducing the Indian Oil Corporation, the petitioner herein to place an order for certain electronic gazettes and get payment for the same without the goods being supplied. The investigation of this case culminated in filing charge-sheet against the said N.V Pravakarn and others including the opposite party No.2 under various provisions of the Indian Penal Code as well as Prevention of Corruption Act, 1988.
3. It
Victims of crimes are entitled to compensation under Section 357A of the Criminal Procedure Code, regardless of when the crime occurred, reflecting the duty of courts to ensure justice for victims.
Section 357A of the Code is extracted here 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....
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