'X' vs The State Of Maharashtra And Ors
2022 Latest Caselaw 9517 Bom

                                                                             wp-2602/22.



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 2602 OF 2022

X                                                         ...Petitioner.
              Versus
The State of Maharashtra & Ors.                                  ..Respondents.

Mr. Ashley Cusher, Advocate for petitioner.
Ms. M. M. Deshmukh, APP for Respondent-State.
Mr. Aditya Bapat, Advocate for Respondent No. 2.

                                   CORAM : PRASANNA B. VARALE &
                                           N. R. BORKAR, JJ.

Date : September 20, 2022.

P. C. :

1. By way of present petition, the Petitioner who was victim

in Special Case No. 91 of 2015, is approaching this Court with the

principal prayer contained in prayer clause (A), which reads thus :

"A. That this Hon'ble Court be pleased to issue writ of certiorari or any oher appropriate writ, order or direction under Article 226 and 227 of the Constitution of India to the Respondent to pay compensation amount of Rs.50,000/- to the Petitioner, as per the Judgment and Order dated 17.11.2018 passed by the District Judge-2 & Additional Sessions Judge, Kalya in Case Atro. Special Case No. 91 of 2015 (State of Maharashtra vs. Vijya Namdeo Thombare & 4 ors.)."

2. Copy of the judgment and order passed by the District

Judge-2 & Additional Sessions Judge, Kalyan in Atrocity Special Case No.

91 of 2015 is annexed to the petition at Exhibit-A. In all 5 accused

persons were charged with the commission of offences punishable under

Digitally signed by SACHIN patilsr SACHIN RAMCHANDRA 1/ 4 RAMCHANDRA PATIL PATIL Date: 2022.09.23 15:12:58 +0530 wp-2602/22.

sections 354, 354A read with section 109, 366(A) of the Indian Penal

Code, 1860, Sections 3(2), 3(3) punishable under section 3(2) of the

Maharashtra Prevention and Eradication of Human Sacrifice and Other

Inhuman Evil and Agori Practices and Black Magic Act, 2013 and under

section 3 read with sections 18, 8, 7 read with section 17 of the

Protection of Children of Sexual Offences Act, 2012. Learned Sessions

Judge convicted accused nos.1, 2, 3 and 5, acquitted accused no.4 vide

the judgment and order dated 17 th November 2018. Learned Sessions

Judge observed that XYZ (Petitioner herein) is entitled to claim

compensation of Rs.50,000/- and the Maharashtra Government to pay it

to the victim. Inspite of the judgment and order passed by learned

Sessions Judge, as there was no progress in disbursement of

compensation to the victim, the Petitioner approached this Court by

filing present writ petition. The matter was listed before this Court on

29th August 2022. Learned counsel Mr. Bapat caused appearance on

behalf of Respondent No.2 - District Legal Services Authority, Thane and

submitted before this Court that if the Petitioner appears before the

said authority, the preliminary inquiry would be conducted. In turn,

learned counsel appearing on behalf of the Petitioner submitted before

this Court that the Petitioner will appear before Respondent No.2-

authority within two weeks. It seems that the said exercise was

undertaken by the authority and the Secretary, District Legal Services

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Authority, Thane forwarded a communication to the Member Secretary,

State Legal Services Authority, Mumbai on 15 th September 2022. It

appears that 3 victim's claims have been forwarded and it is requested to

the Secretary, State Legal Services Authority to release the total amount

of Rs.2 lakh against the compensation claims. Out of Rs. 2 lakh, the

Petitioner - XYZ is entitled for an amount of Rs. 50,000/-. In the

communication, reference is also made to the present writ petition.

Copy of the said communication dated 15 th September 2022 is taken on

record and marked "X" for identification.

3. On perusal of the notification issued by the State

Government through the Home Department, dated 11 th April 2014 and

an amended notification dated 17 th April 2017, it is revealed that the

State Government has decided to constitute a special fund, namely, "the

Victim Compensation Fund" from which the amount of compensation

under this scheme shall be paid to the victim or their dependents. Clause

4 of notification dated 11th April 2014 reads thus :

"(4) the Victim Compensation fund shall be operated by the Secretary, Maharashtra State Legal Services Authority."

4. In view of the said notification and communication dated

15th September 2022, we hope and trust that the Member Secretary,

State Legal Services Authority, Mumbai would take appropriate steps for

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the release of compensation amount of Rs.50,000/- (Rs. Fifty thousand

only) to the Petitioner - XYZ as early as possible and not later than two

weeks from the receipt of a copy of this order.

5. With the above observations and directions, the petition is

disposed of.

6. In case the petitioner is of the opinion that the amount of

compensation awarded to her is inadequate, she may avail appropriate

remedies under the provisions of law and approach the appropriate

forum(s) for such claim.

          [N. R. Borkar, J.]               [Prasanna B. Varale, J.]




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