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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PRANAY VERMA
Victim X – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. claim for compensation linked to the victim's status. (Para 1 , 2 , 3) |
| 2. compensation tied to effective legal proceedings. (Para 4 , 5 , 9 , 10) |
| 3. hostility of the victim negates compensation eligibility. (Para 6 , 8) |
| 4. acquittal due to victim's hostility precludes compensation. (Para 7 , 11) |
| 5. petition dismissed as lacking merit. (Para 12) |
ORDER :
1. By this petition preferred under Article 226 of the Constitution of India the petitioner has prayed for a direction to the respondents to pay the relief amount to her as per the Schedule to the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the Act, 1989').
3. The claim of the petitioner is based upon Rule 12 (4) of the Rules, 1995 which provides for relief in cash or in kind or both to the victim of atrocity. The same is as under :-
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6. In the instant case no medical report has been filed by the petitioner which may be said to be a confirmatory medical report. For award of 50% of the amount the requirement is medical examination and confirmatory medical report meaning thereby that in such medical report there must be a confirmation as regards the offence of gang rape having been com
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....
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 entitlement to relief under the SC/ST Prevention of Atrocities Act is not contingent on conviction, and the statutory obligation to assess damage must be fulfilled by the authorities.
Section 357A of the Code is extracted here Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim....
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