The court emphasized the formal role of the trial court in recommending compensation and highlighted the importance of considering the provisions of section 357-A Cr.P.C. for providing compensation to victims of crime.

JUDGMENT :

1. Sri Srikant Srivastava, learned counsel for the petitioner and Sri S.C. Mishra, learned A.G.A. for the State are present.

2. This petition has been filed challenging the order dated 09.02.2023, passed in a case arising out of Case Crime No. 793 of 2010 under sections 363, 376 I.P.C. by which, the application moved by the victim in the light of order passed in Writ No. 41664 of 2018 for grant of compensation, was dismissed.

3. The relevant facts of the case are as below.

(i) In a criminal case tried by Second Additional Sessions Judge, i.e. S.T. No. 629 of 2010 under sections 363 and 376, the petitioner was a victim of rape. The accused was put to trial and was convicted and sentenced to life imprisonment along with fine of Rs.25,000/- for the offence of 376 (2) (cha).

(ii) The learned Second Additional Sessions Judge also ordered that half of the fine shall be payable to the victim as compensation.

(iii) It is submitted by the petitioner that the convict is in judicial custody and he has filed an appeal challenging the above judgment and order. The convict is lodged in jail and the appeal is pending and that till now, no fine has been deposited, therefore, no compensation could be obtained by her.

(iv) The victim filed a Writ No. 41664 of 2018 with a prayer for grant of compensation under section 357, 357-A Cr.P.C. which was decided by the order passed by the High Court 18.12.2018 as below:

"Heard Sri Shailesh Kumar Srivastava, learned counsel for the petitioners and the learned Standing Counsel for the State-respondent nos.1 to 3.

By means of this writ petition, the petitioner no.1 through her mother, the petitioner no.2 is claiming compensation being victim of rape. The accused has been convicted.

Learned Standing Counsel submits that corpus has been created in pursuance to the provisions of Section 357 & 357 (A) of Cr.P.C. for that petitioners have to approach the same court.

In case, such an application is filed, the same be considered and decided, in accordance with law.

With the aforesaid observation, the writ petition stands disposed of."

(v) In pursuance of the aforesaid order, the victim moved an application dated 21.02.2019 before the trial court concerned. The District Probation Officer, Gautam Buddh Nagar, submitted a report stating therein that the scheme "Uttar Pradesh Rani Laxmi Bai Mahila Evam Bal Samman Kosh" was promulgated in the year 2015, whereas the incident of the instant case occurred in 2010, therefore, it shall not be possible to grant any compensation to the victim under that scheme.

(vi) The learned Sessions Judge, on the basis of aforesaid report, dismissed the application by passing an order on 09.02.2023. Now, this order is under challenge in this petition.

4. The way, the matter of compensation has been handled by the court concerned, gives an impression that the court was unaware of the scheme and the formalities required for grant of compensation as provided in U.P. Victim Compensation Scheme, 2014. Before I proceed further, I find it appropriate to go through the relevant provisions of law.

5. Section 357 Cr.P.C. provides that when a court imposes a sentence of fine while passing a final judgment, whole or any part of the fine recovered, may be applied for payment of compensation for any loss or injury caused to any person, however, no such payment shall be made before the period allowed for presenting the appeal has elapsed or if an appeal be presented, before the decision of the appeal.

6. Section 357-A, which has been introduced in Cr.P.C. by Act V of 2009 w.e.f. 31.12.2009, empowers the State Government, in coordination of the Central Government, to prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who suffered loss or injury as a result of a crime.

7. The provisions of Section 357-A Cr.P.C. are as below :

"[357A. Victim compensation scheme.--(1) Every State Government in coordination with the Central Government shall prepare a scheme for prov