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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Malati Dei – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's request for victim compensation. (Para 1 , 2) |
| 2. petitioner's arguments supporting compensation eligibility. (Para 3) |
| 3. opposition's argument on lack of witness support. (Para 4) |
| 4. court's analysis of compensation eligibility under section 357a. (Para 5 , 6 , 7 , 8 , 9) |
| 5. legal precedents on victim compensation. (Para 10 , 11 , 12 , 13 , 14) |
| 6. court's conclusion on compensating the victim. (Para 15 , 16) |
| 7. court's directive for the district legal services authority. (Para 17) |
JUDGMENT :
1. In this Writ Petition, the Petitioner seeks a Writ of Mandamus from this Court, quashing the order passed by the opposite parties that rejected the payment of compensation to the Petitioner under the ODISHA VICTIM COMPENSATION SCHEME , 2017.
2. The brief facts of the case are as follows:
(ii) Consequently, an FIR was lodged by villagers on 23.10.2020, leading to the registration of P.S. Case No. 159 of 2020 under section 341, 323, 324, 294, and 506 of the IPC at Daspalla Police Station.
(iv) The District Legal Service Authority, Nayagarh, presided over by the learned District Judge, rejected the claim on 21.05.2022. The rejection was based on the fact that out of 14 p
The acquittal of an accused does not preclude a victim's right to compensation under the Odisha Victim Compensation Scheme if the victim meets eligibility criteria, as outlined in Section 357A of the....
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.
Section 357A of Cr.P.C. is extracted victim compensation scheme.
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 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 re....
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