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IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 28^TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY CRIMINAL APPEAL NO.200086 OF 2026 (372(Cr.PC)/413(BNSS))

BETWEEN:

SMT. PUTALA @ PUTHLABAI W/O VISHWANATH, AGE: 58 YEARS, OCC: HOUSEHOLD, R/O. INDRA NAGAR, HUMNABAD, DIST. BIDAR – 585 330.

…APPELLANT (BY SMT. SWATI M.N., ADVOCATE)

AND:

1. THE MEMBER SECRETARY, KARNATAKA STATE LEGAL SERVICES AUTHORITY, BANGALURU.

2. THE MEMBER SECRETARY, DISTRICT LEGAL SERVICES AUTHORITY, DISTRICT COURT PREMISES, NEAR TAHASIL OFFICE, BIDAR – 585 401. …RESPONDENTS (BY SRI B.C. JAKA, ADVOCATE)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 413 OF BHARATIYA NAGARIK SURAKSHA SANHITA, PRAYING TO: 1) MODIFY THE ORDER DATED 17.12.2023 PASSED IN SPECIAL CASE NO.5030/2021, BY II ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR, SITTING AT BASAVAKALYAN, INSOFAR AS IT RECOMMENDS THE DLSA, BIDAR, TO PAY COMPENSATION OF RS.1,00,000/- TO THE DAUGHTER OF THE PETITIONER. 2) PASS AN ORDER RECOMMENDING DLSA, BIDAR, TO AWARD THE COMPENSATION BETWEEN Rs.4,00,000/- TO 7,00,000/-

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AS PER VICTIM COMPENSATION SCHEME.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 27.08.2026 AND COMING ON FOR ‘PRONOUNCEMENT OF JUDGMENT’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY CAV JUDGMENT (PER: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY)

This appeal is filed by the appellant, who is the complainant in the case in Spl.C.No.5030/2021 on the file of the learned II Addl. District and Sessions Judge and Special Judge, Bidar, (for short ‘the learned Special Judge’) praying to modify the order dated 17.12.2023 of the Special Judge in the said case insofar as the trial Court recommends the District Legal Services Authority, Bidar (for short ‘DLSA’) to pay compensation of Rs.1,00,000/- to the daughter of the appellant and recommend DLSA to pay enhanced compensation in the range from Rs.4,00,000/- to Rs.7,00,000/- as per NALSA’s Compensation Scheme for Women Victims/ Survivors of Sexual Assault/ other Crimes-2018 (for short ‘Victims Compensation Scheme’).

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2. The appellant is mother of the victim in the case in Spl.C.No.5030/2021 against the accused for the offence punishable under Section 376(2)(i)(n) of IPC and Sections 4 and 6 of POCSO Act. The accused was allegedly committed aggravated sexual assault on the victim and thereby the victim became pregnant. DNA test confirmed that the accused is biological father of the conceived fetus. The victim girl suffered abortion on the advice of Medical Board. The Special Judge found the accused guilty of the offence punishable under Section 376(2) (i)(n) of IPC and Sections 4 and 6 of POCSO Act as per the judgment dated 17.12.2023 and thereby sentenced the accused as hereunder:

• to undergo rigorous imprisonment for 20 years and to pay fine of Rs.10,000/- for the offence punishable under Section 376(2) (i)(n) of IPC, in default to pay fine, to undergo simple imprisonment for one year, • to undergo rigorous imprisonment for 10 years and to pay fine of Rs.5,000/- for the offence punishable under Section 4 of POCSO Act and in default to pay fine, to undergo simple imprisonment for 6 months, and •

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to undergo rigorous imprisonment for 20 years and to pay fine of Rs.10,000/- for the offence punishable under Section 6 of POCSO Act, in default to pay fine, to undergo simple imprisonment for one year.

The sentences of imprisonment shall run concurrently.

3. The learned Special Judge has also directed that on deposit of the fine amount, that fine amount of Rs.20,000/- shall be given to the victim girl/ PW6 as compensation, as provided under Section 357(1)(b) of Cr.P.C. Further, as per Section 33(8) of POCSO Act and Rule 7(2) of the Protection of Children from Sexual Offences Rules, 2012 (for short ‘POCSO Rules’), DLSA is recommended to pay compensation of Rs.1,00,000/- to the victim under Victims Compensation Scheme.

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4. Being aggrieve