Punjab and Haryana High Court: The Division Bench of Daya Chaudhary & Sudhir Mittal, JJ. allowed the application for the enhancement of compensation to minor rape victim under Punjab Victim Compensation Scheme, 2017.
An application for enhancement of compensation was made in this case which was awarded by Sessions Judge.
The victim child was awarded compensation of Rs 6000 out of the amount of fine. The appeal was filed for enhancement of compensation which was earlier admitted. Victim (minor) through her natural guardian and mother also filed an application under Section 482 CrPC read with Section 357-A CrPC seeking recommendation to Respondent 2 i.e. District Legal Services Authority to grant compensation to her under the Punjab Victim Compensation Scheme, 2017 framed under Section 357-A of CrPC.
Ravinder Kaur Manaise, Counsel for the applicant submitted that applicant-victim was five years of age at the time of occurrence and suffered injury. It was submitted that for her physical and mental rehabilitation adequate compensation is required to be awarded to her as per Punjab Victim Compensation Scheme, 2017.
H.S. Sullar, DAG, Punjab for the respondent contended that the amount of compensation can be recovered from the accused, later on as he was in custody.
The Court referred to the Punjab Victim Compensation Scheme and noted the relevant clause of the said scheme as “the applicant is entitled to compensation, which is to be disbursed through the Bank account of the victim or through a designated person to be nominated by the Punjab Legal Services Authority or District Legal Services Authority as the case may be. The compensation is required to be paid in lump sum or in two installments as decided by the Punjab Legal Services Authority or District Legal Services Authority.” Regarding the amount of the compensation it was directed that “in case victim is less than 14 years of age, the amount of compensation is to be increased by 50% over the amount specified in the schedule, meaning, thereby, she is entitled to Rs 4,50,000.” Thus, the petition was allowed and respondents were directed to grant the compensation to minor as per Punjab Victim Compensation Scheme, 2017. It was further directed that the Punjab State Legal Services Authority was at liberty to recover the amount so paid to the victim from the accused. [‘X’ v. State of Punjab, 2019 SCC OnLine P&H 1026, decided on 22-05-2019]