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2019 Supreme(P&H) 1434
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJIV NARAIN RAINA, J.
Ms X (....) - Petitioner
Versus
State of Punjab and others - Respondents
CWP No.21079 of 2016
Decided On : 18-11-2019
For the Petitioner:Mr. Rohit Kumar, Advocate.
For the Respondent: Ms. Simran Grewal, AAG Punjab.
The judgment establishes the principle of beneficial retrospective application of victim compensation schemes in cases of heinous crimes, emphasizing equitable and fair compensation awards without a maximum limit.
Headnote:
Compensation - Gang Rape Victim - Scheduled Castes and Scheduled Tribes Act, 1989 - Section 3(1) (xi), Section 3(1) (xii), Section 375 of the Indian Penal Code, Section 376D of the Indian Penal Code - 1989 Act, Amendment Rules 2016 - Rule 12(4) - Section 357-A of the Code of Criminal Procedure, 1973
Fact of the Case:
The petitioner, a victim of gang rape belonging to the Scheduled Castes, sought enhanced compensation under the Scheduled Castes and Scheduled Tribes Act, 1989, based on a notification issued after the occurrence of the crime. The State had already granted compensation under the previous scheme.
Finding of the Court:
The court held that the victim was entitled to the enhanced compensation despite the occurrence of the crime before the new notification. It emphasized the beneficial nature of victim compensation schemes and the need for retrospective application in cases of heinous crimes. The court also highlighted the absence of a maximum compensation ceiling, allowing for equitable and fair compensation awards.
Issues: The key issue was whether the victim of gang rape, whose crime occurred before the new compensation notification, was entitled to enhanced compensation under the amended rules.
Ratio Decidendi: The court interpreted the victim compensation scheme beneficially in favor of the petitioner, considering the social impact of the crime and the absence of a maximum compensation limit. It also emphasized the principles of equity and fairness in awarding compensation.
Final Decision: The petition was allowed, and the petitioner was held entitled to enhanced compensation of Rs.8.25 lakhs, less the amount already paid. The State was directed to pay the due amount within 8 weeks, with interest at the rate of 8% per annum for any default.
JUDGMENT :
RAJIV NARAIN RAINA, J.
1. The prayer in this petition is for issuance of a direction to the respondents for providing compensation to the petitioner, a victim of gang rape, under the provisions of the Scheduled Caste and the Scheduled Tribes Act, 1989. Though the petition has been filed disclosing her name, I have concealed it for passing this order to protect her identity. Counsel would have been well advised not to have divulged her name except in a sealed petition signed by her appending a photocopy for public use and for the court hearings. She is thus named 'Ms X' for final disposal of the case. Registry is directed to carry out necessary changes in this petition and on the web portal of this Court, accordingly.
2. The petitioner is a victim of gang rape. She belongs to the Scheduled Castes. The perpetrators of the crime are facing trial. The petition cites the 'Norms for Relief Amount' laid down in Annexure I-Schedule [see rule 12 (4)] to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (for short, 'the Rules') for the scale of minimum amount of compensation linked with the nature of offence. The description of offence and minimum monetary relief prescribed in the Schedule under Rule 12(4) relevant for this case is reproduced as under:-
| Sr.No. | Name of offence | Minimum amount of Relief |
| xx | Xx | xx |
| 11 | Outraging the modesty of a woman [Section 3(1) (xi)] | One Lakh eighty thousand rupees to each victim of the offence, 50 per cent of the amount may be paid after medical examination and remaining 50 per cent at the conclusion of the trial |
| 12 | Sexual exploitation of a woman [Section 3(1) (xii)] |
3. Under these rules, a scheme has been framed for payment of victim compensation in cases of those scheduled caste persons who are covered by the provisions of the rules and have suffered atrocities. She was granted compensation by the State Government in a sum of Rs.1,80,000/- out of which Rs.90,000/- has been paid in advance while the balance kept for conclusion of the trial.
4. The date of occurrence of the sordid crime was 16.02.2016. This date has a material bearing on the claim in the petition for enhanced compensation under the new arrangement. The petitioner though has been paid according to the policy prevailing on the date of commission of the crime, claims enhanced compensation made payable under the notification dated 14.04.2016 of the Ministry of Social Justice and Empowerment, Government of India, New Delhi, framed in exercise of powers conferred by Sub-Section 1 of Section 23 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989, and the rules framed thereunder. The rules in force are called the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989, [Amendment Rules], 2016. For gang rape, (Section 376-D of the Indian Penal Code) compensation of Rs.8.25 lakhs is awarded to the victims. The 50% payment is made after the medical examination and confirmatory medical report, 75% when the charge sheet is filed and 25% when the conclusion of the trial by the lower Court is reached. Relevant part of Amendment Rules, 2016 reads as under:-
| 44 | Rape or Gang-rape |
|
|
| (i) Rape- Section 375 of the Indian Penal Code (45 of 1860) | Five lakh rupees to the victim. Payment to be made as follows:
(i) 50 per cent after medical examination and confirmatory medical report;
(ii) 25 per cent when the charge sheet is sent to the court;
(iii) 25 per cent on conclusion of trial by the lower court. |
|
| (ii) Gang rape- Section 376D of the Indian Penal Code (45 of 1860) | Eight lakh and twenty-five thousand rupees to the victim. Payment to be made as follows:
(i) 50 per cent after medical examination and confirmatory medical report;
(ii) 25 per cent when the charge |
