Case Title: Sri Ramesh Alias Mehandi Hasan v State of U.P. And 3 Ors
Case No: MATTERS UNDER ARTICLE 227 No. – 5804 of 2023
Decided on: 16th December, 2023
CORAM: THE HON’BLE MRS. JYOTSNA SHARMA J.
Facts of the Case
Sri Ramesh Alias Mehandi Hasan, the petitioner, filed a suit contesting the ruling dated 09.02.2023. The ruling related to Case Crime No. 793 of 2010, which featured charges under sections 363 and 376 of the Indian Penal Code (I.P.C.). The petitioner was a rape victim, and the accused was convicted and sentenced to life imprisonment with a punishment of Rs. 25,000 for violating Section 376(2). The trial court had directed that half of the fine be paid as compensation to the victim.
Dissatisfied with the amount of compensation provided, the victim filed a writ petition (Writ No. 41664 of 2018) demanding compensation under Sections 357 and 357-A of the Code of Criminal Procedure (Cr.P.C.). The High Court dismissed the writ petition, instructing the petitioner to seek compensation from the same court. Following that, the victim filed an application with the trial court requesting compensation under the “Uttar Pradesh Rani Laxmi Bai Mahila Evam Bal Samman Kosh” program, however, it was denied on February 9, 2023.
Legal Provisions
Section 357 of Cr.P.C., allows the court to utilize the collected fine to compensate the victim for any loss or harm. Section 357-A of Cr.P.C. allows the State Government to devise a plan to compensate victims or their dependents who have suffered loss or harm as a result of a crime. The U.P. Victim Compensation Scheme 2014, puts into action the provisions of Section 357-A, which establishes a victim compensation fund and specifies the maximum amount of compensation for specific offenses.
Issues
The basic issue in this case is the denial of rape victim compensation notwithstanding the accused’s conviction and punishment. Sri Ramesh Alias Mehandi Hasan, the victim, filed a petition contesting the trial court’s ruling dated 09.02.2023, in which the trial court denied the victim’s claim for compensation under the Uttar Pradesh Victim Compensation Scheme 2014. The court relied on a report from the District Probation Officer, who stated that the applicable program, “Uttar Pradesh Rani Laxmi Bai Mahila Evam Bal Samman Kosh,” could not be applied retroactively to the 2010 occurrence. The petitioner claimed that the trial court ignored Section 357-A of the Criminal Procedure Code (Cr.P.C.) and the appropriate victim compensation mechanism.
Court analysis and decision
On December 16, 2023, the Hon’ble Mrs. Jyotsna Sharma, J. issued a judgment in response to the petitioner’s challenge to the ruling dated February 9, 2023. After the perpetrator was convicted and punished, the petitioner, a rape victim, sought compensation under the Uttar Pradesh Victim Compensation Scheme 2014. The trial court appeared to be uninformed of the compensation plan and neglected to examine the requirements of Section 357-A Cr.P.C., according to the court. The court’s involvement is formal, comprising a recommendation for compensation, according to the judgment, while the District Legal Services jurisdiction (D.L.S.A.) has the jurisdiction to assess the eligibility and level of compensation under the plan. The petitioner was granted the right to make an appropriate appeal before the appellate court or the D.L.S.A., enabling the compensation claim to be reconsidered in conformity with the law.
The decision emphasizes the importance of the statutory framework, including Section 357-A Cr.P.C. and the Uttar Pradesh Victim Compensation Scheme 2014, in resolving crime victims’ rights to compensation. It emphasizes the procedural flaws in the trial court’s handling of the compensation case and emphasizes the need of courts to be aware of and adhere to legislative obligations. While dismissing the petition, the judgment seeks to guarantee that the petitioner has the chance to seek appropriate redress either the appeal court or the D.L.S.A., permitting proper examination of the compensation claim in accordance with the existing legal framework.
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Written by- Aastha Ganesh Tiwari
