2025 Supreme(MP) 914

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PRANAY VERMA, J.
Victim X - Petitioner 
Versus 
The State of Madhya Pradesh And Others – Respondents
Writ Petition No. 43325 of 2025 
Decided On : 01-12-2025

IMPORTANT POINT
Compensation under the SC/ST Act is contingent upon active victim participation and successful prosecution; turning hostile negates victim status.

Headnote:

(1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 -- R. 12(4) and Annexure I, Entry 44 -- Penal Code, 1860 -- S. 376D -- relief to victim of atrocity -- offence u/s. 376D of IPC registered on petitioner's complaint -- Rs. 8,25,000/- is awardable to her -- 50% payment is to be made after medical examination and confirmatory medical report, 25% when charge-sheet is sent to Court and 25% on conclusion of trial -- Rs. 2,06,250/- was transferred to petitioner's account -- petitioner seeks direction for payment of remaining amount which has not been paid to her though trial has concluded -- held -- no confirmatory medical report has been filed, hence petitioner not entitled for any amount under this sub-head -- held further -- petitioner turned hostile in trial and it has been held that accused have not committed alleged offence -- she would no longer fall within definition of "victim of atrocity" -- not entitled for award of any relief as provided under Rules -- held further -- when prosecution is abandoned due to victim turning hostile, foundational premise for awarding compensation no longer exists -- compensation is a means to facilitate justice, not an end in itself -- any compensation received under SC Act, 1989 and Rules, 1995 should be returned when legal proceedings terminate in acquittal due to victim turning hostile -- Government ought to consider framing appropriate provisions for recovery of amount already paid to alleged victims in such circumstances -- petition dismissed. Writ Petition (C) No. 258 of 2021 decided on 27.11.2024 (Del.) and Writ Petition (C) No. 258 of 2021 (All.) relied on. [Paras 5 to 8, 10 & 11]

(2) Doctrine -- principle of restitution -- dictates that one should not be unjustly enriched at the expense of another. [Para 10]

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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 :

PRANAY VERMA, J.

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').

2. As per the petitioner, she belongs to the SC/ST community. An incident took place with her on 17.04.2020 within the limits of Police Station Tirla, District Dhar whereby offences punishable under Sections 450, 342, 376, 376-D, 506 of the IPC read with Section 3(1)(w)(i) and 3(2)(v) of the Act, 1989 were committed upon her. Upon completion of the investigation chargesheet was filed on 16.06.2020. On 10.08.2020 the Tribal Welfare Department, District Coordinator, Dhar transferred an amount of Rs.2,06,250/- in petitioner's account which represents only a part of the total entitled relief amount under the Act, 1989 and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 ('the Rules, 1995'). Upon trial the final judgment has already been passed in the case and thus the proceedings stand concluded. However the petitioner has not been granted the entire amount which ought to have been granted to her under the Act, 1989 and the Rules, 1995.

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 :-

"12. Measures to be taken by the District Administration.–

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(4) The District Magistrate or the Sub–Divisional Magistrate or any other Executive Magistrate shall make necessary administrative and other arrangements and provide relief in cash or in kind or both within seven days to the victims of atrocity, their family members and dependents according to the scale as provided in Annexure–I read with Annexure–II of the Schedule annexed to these rules and such immediate relief shall also include food, water, clothing, shelter, medical aid, transport facilities and other essential items.

****"

4. Annexure-I appended to the said rule provides for the norms of relief amount. At serial No.44 offence of rape and unnatural offence is covered including gang rape under Section 376-D of the IPC and the relief provided for is Rs.8,25,000/-. It is under this entry that relief is being claimed by the petitioner. The same is as under :-

5. As per the aforesaid provision, since the offence registered on petitioner's complaint was under Section 376-D of the IPC, an amount of Rs.8,25,000/- is awardable to her. 50% payment is to be made after medical examination and conformity medical report, 25% when the charge-sheet is sent to the Court and 25% on conclusion of trial by the lower Court.

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 committed upon the victim. There is no such report available in the present case hence the petitioner is not entitled for any amount under this sub head.

7. In the trial which was held upon the report of the petitioner, she appeared before the Court but turned hostile and did not support the prosecution case. On the basis of her turning hostile the accused therein have been acquitted. In my opinion, if the petitioner had herself turned hostile and had not supported the prosecution case and eventually if it has been held that th

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