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KAUSER EDAPPAGATH
.......... – Appellant
Versus
State of Kerala – Respondent
Key Points: - The impugned KeLSA orders were set aside and DLSA/KelSA were directed to grant awarded compensation forthwith (!) (!) . - The judgment asserts that DLSA/SLSA can award compensation directly under Chapter II of the amended Kerala Victim Compensation Scheme, 2017 (amended 2021) even without a Court recommendation, for offences covered by Chapter II (!) (!) (!) . - It clarifies that for cases with a trial and court recommendation, the Court’s recommendation under Section 357A(2) or (3) guides the SLSA/DLSA in determining quantum (!) (!) . - For cases where no trial occurs or the accused is untraced, victims may apply under Section 357A(4) to SLSA/DLSA, which will enquire and award compensation (!) (!) (!) . - Specific provisions and interplay with POCSO: Special Courts under POCSO Act can direct payment of compensation under Section 33(8) and Rule 9, which is separate from the Kerala Scheme but related to child victims’ rehabilitation (!) (!) (!) . - The State Government must allocate funds to the Victim Compensation Fund and ensure disbursement by KeLSA/DLSA; directives issued to implement integration of IT systems to share FIR copies with KeLSA/DLSA for interim compensation (!) (!) (!) . - The judgment emphasizes a mandatory duty on courts and authorities to apply mind and record reasons when awarding compensation, citing statutory duties under 357A and POCSO provisions (!) (!) (!) (!) .
ORDER :
1. The power and jurisdiction of the Kerala State Legal Services Authority (KeLSA)/District Legal Services Authority (DLSA) to award compensation to the victims under the Kerala Victim Compensation Scheme, 2017(As amended in 2021), without the recommendation from the Court falls for consideration in these petitions filed under Section 482 of the Code of Criminal Procedure Code, 1973 (for short Cr.P.C.).
Facts briefly
2. Two sexual assault victims who suffered adverse orders at the hands of KeLSA rejecting their applications for victim compensation are the petitioners.
3. The petitioner in Crl. M.C. No. 3531/2022 was the victim in SC No. 1232/2017 on the file of the First Additional Sessions Court, Kollam. The accused was none other than her father. The offences alleged were under Sections 376 of IPC, Sections 3(b), 4, 5 (i) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, POCSO Act) and Section 75 of the Juvenile Justice (Care and Protection of Children) Act (for short, the JJ Act). The allegation was that the accused sexually assaulted the victim, aged 4½ years, by inserting his finger and buds into her anus on many occasions prior to 11/7/2017 at
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