Case BriefsHigh Courts

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]

Case BriefsSupreme Court

Supreme Court: In the case where a 35-year-old woman victim of sexual assault had sought for termination of pregnancy on the ground that she is HIV positive, the Court, after considering the report of the AIIMs medical Board which stated that the procedure involved in termination of the pregnancy is risky to the life of the petitioner and the fetus in the womb, held that though there cannot be termination of pregnancy but the State of Bihar will provide all the medical facilities to the petitioner as per the treatment graph given by the doctors who are going to examine the petitioner at AIIMS through the Indira Gandhi Institute of Medical Sciences at Patna.

The Medical Board had also suggested that she is advised to continue HAART therapy and routine antenatal care, to reduce the risk of HIV transmission to the fetus/baby to the minimum. The Court hence, directed the Indira Gandhi Institute of Medical Sciences to work in coordination with AIIMS, New Delhi so that the health condition of the petitioner is not further jeopardized.

The Bench of Dipak Misra and A.M. Khanwilkar, JJ also directed the State of Bihar to pay Rs. 3,00,000 to the petitioner as compensation under the scheme of Section 357-A CrPC within 4 weeks as she has been a victim of rape. [Indu Devi v. State of Bihar, 2017 SCC OnLine SC 560, order dated 09.05.2017]