VINOD S. BHARDWAJ, J.

CM-1951-CWP-2023

1. The application is allowed as prayed for. Order dated 31.10.2022 passed by Additional Sessions Judge, Fast Track Court, Gurugram, order dated 23.11.2022 passed by respondent No.2-DLSA and the letter dated Nil issued by the Assistant in the office of DLSA, Gurugram, are taken on record as Annexures R-2/1, R-2/2 and R-2/3 respectively.

Main case

2. The instant writ petition has been filed for issuance of direction to respondent No.2 to grant compensation under the Haryana Victim Compensation Scheme, 2013 dated 03.04.2013 (Annexure P-2) to the daughter of the petitioner being rape victim.

3. Brief facts of the case giving rise to the present petition are that the petitioner, who is resident of Madhya Pardesh, and works in Gurugram, Haryana for his livelihood. On 11.08.2014, eight years old minor daughter of the petitioner was subjected to Aggravated Penetrative sexual assault resulting in registration of FIR No.253 dated 12.08.2014 under Section 376 IPC and Section 3 and 4 of POSCO Act, 2012 registered at Police Station Sector-40, Gurugram. On completion of investigation, final report under Section 173 of Code of Criminal Procedure Code (hereinafter referred to as “Cr.P.C”) was filed. Evidence thereafter was concluded and Additional Sessions Judge, Gurugram, vide its judgment dated 09.06.2015 and order dated 10.06.2015 convicted the accused persons for commission of offence under Section 376 (2) (i) of IPC and under Section 6 of POCSO Act, 2012 and sentenced the accused to undergo Rigorous Imprisonment for a period of 10 years and to pay a fine of Rs.5000/-; and in default of payment of fine to further under Rigorous Imprisonment for a period of 5 months. Sentences were ordered to run concurrently. The case of the daughter of the petitioner was, however, was not forwarded to the Legal Service Authority, Gurugram, for grant of compensation under the Haryana Victims Compensation Scheme, 2013 (hereinafter referred to as Scheme of 2013), even though, the daughter of the petitioner was entitled to the compensation under the above scheme which was in force at the time of the incident. No compensation was awarded also under Section 357 Cr.P.C.

4. Thereafter an application seeking grant of compensation/rehabilitation under the State Compensation Scheme mentioning subsequent developments was submitted. The said application was taken up by the Court of Additional Sessions Judge, Fast Track Special Court, Gurugram, for the offences under POCSO Act, 2012. The said application was allowed vide order dated 31.10.2022 and a compensation of Rs.4,00,000/- was awarded by the POCSO Court. The said payment has already been released in favour of the petitioner on 18.01.2023. It is averred that compensation in terms of the order passed by the POCSO Court having been released, there is no subsisting grievance.

5. Learned counsel appearing on behalf of the petitioner, however, submits that incident in question had taken place on 11.08.2014 and the victim compensation Scheme of 2013 was then in force. The said Scheme has been appended as (Annexure P-2). As per Schedule-I appended with the aforesaid Scheme of 2013, if the victim is less than 14 years, the compensation prescribed in the schedule is to be increased by 50% over and above the amount specified. A minimum compensation of Rs.3,00,000/- has been prescribed for the victim of rape under the said Scheme. As the daughter of the petitioner was 8 years of age i.e. less than 14 years, she would be entitled to an additional compensation of Rs.1,50,000/- over and above Rs.3,00,000/- as minimum compensation as prescribed under the schedule. Subsequent to this, she is now entitled to Rs.4,50,000/- in terms of the said Scheme of 2013. Hence, a just and proper compensation in terms of the scheme has been denied to the petitioner.

6. Counsel for the respondents however contends that compensation as per order of the Court has been released in favour of the victim.

7. I have hear