IMPORTANT POINT
The amended provisions of Section 357A of Cr.P.C. and the Victim Compensation Scheme, 2011 are applicable to incidents that occurred prior to their enactment, entitling victims to compensation and rehabilitation.

ORDER :

“Yatra naryastu pujyante ramante tatra Devata, yatraitaastu na pujyante sarvaastatrafalaah kriyaah”

is a famous shloka in Manusmruti which means “where women are honoured, divinity blossoms there and where women are dishonoured, all actions no matter how noble remain unfruitful”.

1. The crime of rape can be regarded as the highest torture inflicted upon womanhood. It causes not only the physical torture to the body of the woman but it adversely affects her mental, psychological and emotional sensitivity. Therefore, rape is treated as the most heinous crime against the very basic human right and woman’s most important fundamental right, namely ‘the right of life’. It is less a sexual offence than an act of aggression aimed at degrading and humiliating women. Such cases are required to be handled by the Courts with utmost sensitivity and high responsibility.

2. An unfortunate incident occurred with a two years old minor daughter of the petitioner on 19.07.2004, when rape was committed by the respondent No.4 and a FIR No.213/2004 was registered against the accused with the Police Station Sodala, Jaipur for the offences under Sections 365 & 376 of the Indian Penal Code (for short ‘IPC’) and after investigation, he was charge-sheeted and tried by the Court of Additional Sessions Judge (Fast Track) No.1, Jaipur City, who found him guilty and convicted him for the offences under Sections 365 and 376 IPC vide judgment dated 31.05.2005 and sentenced him to undergo ten years rigorous imprisonment with a fine of Rs.500/- for each offence, but no compensation has been awarded to her.

3. After passing of the aforesaid judgment, the petitioner submitted an application before the District Collector, Jaipur for grant of compensation of Rs.3,00,000/- to his daughter, a minor rape victim, but the said application remained undecided for want of any such provision in law.

4. The need for compensating rape survivors was recognized by the Supreme Court of Bangladesh in the case of Al Amin Vs. State reported in (1999) 19 BLD (HCD) 307 where it was held that “Mere punishment of the offenders of sexual assault cannot give much solace to the victim and her family members. Adequate monetary compensation may redress the wrong and damage caused to the victims and the family members. This has to be awarded independently having no nexus with the provision of imposition of fine embodied in the Penal Code. A permanent mode of compensation has to be worked out. The Government may consider the matters under observations….”

5. Modern approach of victimology acknowledges that a crime victim has a right to be adequately compensated, rehabilitated and repaired. From the humanitarian point of view, there has been no scope to disagree that victims of crime especially the victims of rape must have something like ‘reparation’ or ‘compensation’ that can reduce their continuing sufferings and trauma.

6. Previously, compensation to the victim was recognized under Section 357 of the Code of Criminal Procedure (for short ‘Cr.P.C.’), where if the sentence involved levy of fine, the Court could award compensation to the victim out of the fine amount, as determined by the Court. Subsequently, on the basis of the 154th Law Commission Report, by an amendment on 31.12.2009, Section 357A was added to Cr.P.C. providing provision for compensation even in the case of acquittal of the accused. Under Section 357A of Cr.P.C., all States in coordination with the Central Government were required to formulate a Victim Compensation Scheme for the State and the discretion was left upon the State and District Legal Services Authorities to decide the quantum of compensation.

7. In exercise of the powers conferred by the Section 357A of Cr.P.C., the State Government framed a scheme for providing funds for the compensation to the victims or their dependents, who have suffered loss or injury,