INDERJEET SINGH
Aarti Dhobi – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
(Inderjeet Singh, J.)
The petitioner, as alleged in the petition, was minor at the time of alleged incident and belongs to SC/ST category, became victim and subjected to the crime for which punishment has been prescribed under the INDIAN PENAL CODE . On being denied the financial aid by the impugned order dated 15.04.2021 passed by the respondents, the petitioner victim has approached this Court seeking financial aid as provided under clause-44(ii) of the Schedule annexed with the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter to be referred as the Rules of 1995).
2. Brief facts as reflected from the material on record are that with regard to the crime committed on the victim, uncle of the victim lodged FIR bearing No.07/2017 at Police Station Renwal, Jaipur Rural for the offence under Sections 3 63 , 366, 376, 120-B of IPC, Section 3 /4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter to be referred as the Act of 2012) and Section 3 (1)(w) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as the Act of 1989). After registratio
Compensation under the SC/ST Act is contingent upon active victim participation and successful prosecution; turning hostile negates victim status.
Compensation under the SC/ST (Prevention of Atrocities) Act is contingent upon ongoing legal proceedings; a settlement with the accused nullifies the basis for compensation.
The court confirmed that victims of acid attacks are entitled to significant compensation under the relevant victim compensation schemes, emphasizing the court's duty to act compassionately and in ac....
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.
The trial court must award interim compensation to child sexual abuse victims based on statutory provisions, irrespective of subsequent statements that may contradict earlier claims.
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