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2019 Supreme(Chh) 73

SANJAY K.AGRAWAL
STATE OF CHHATTISGARH, THROUGH DISTRICT MAGISTRATE – Appellant
Versus
BUDHARU RAM MERAVI – Respondent


Advocates:
Advocate Appeared:
S. Agrawal, Adv.

JUDGMENT :

SANJAY K AGRAWAL, J.

1. The petitioner herein i.e. the State of Chhattisgarh calls in question the direction issued by the learned Additional Sessions Judge, Rajnandgaon while delivering judgment in Special Case No.2/2014 on 20.07.2016 by which an amount of Rs.1,00,000/- has been awarded to the father of the gang rape victim (minor) after having held that the accused persons/respondents herein are guilty of offence punishable under Sections 363, 366(a), 376(2)(g), 506-B of the IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act").

2. Learned Government Advocate appearing for the petitioner / State submits that learned Additional Sessions Judge, Rajnandgaon has committed illegality in directing the State Government to pay an amount of Rs.1,00,000/- to father of the rape victim. He also submits that the said Court should have only made recommendation under Section 357 of the Cr.P.C. for payment of compensation and only after acceptance of recommendation, compensation if any should have been made payable to the rape victim, as such the order of learned Additional Sessions Judge directing payment of compensation











































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