Sarika Revasiddha @ Vitthal ... vs Siddhaling Pandit Kamane And Anr
2023 Latest Caselaw 997 Bom

                                                      1/4                      34 IA 3592.22.docx



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO.3592 OF 2022
                                                       IN
                                         CRIMINAL APPEAL NO. 440 OF 2018


                      Ms Sarika Revasiddha @ Vitthal Shevgar
                      & anr.                                             ...   Applicants

                                v/s.

                      Siddhaling Pandit Kamane & ors.                    ...     Respondents



                      Mr Priyal G Sarda for the applicant in IA.

                      Mr A R Kapadnis, APP for the State.
                      Mr Ritesh Thobde @ Sagar Tambe for the appellants in appeal.


         Digitally                          CORAM : NITIN W. SAMBRE &
LATA
         signed by
         LATA SUNIL                                 R.N.LADDHA, JJ.

PANJWANI SUNIL Date:

PANJWANI 2023.02.02
         16:33:02                           DATE   : 31st January 2023
         +0530




                      P.C. :

The accused was convicted on March 8 2018 by the Additional Sessions Judge, Solapur for an offence punishable under Section 307 2/4 34 IA 3592.22.docx

read with Section 34 of the IPC and sentenced to rigorous imprisonment for 10 years. The accused was also sentenced under section 307 for similar punishment whereas sentenced to suffer life imprisonment for an offence punishable under Section 302 r/w Section 34 of the IPC.

2. Clause-19 of the operative part of judgment and order of conviction reads thus:

"All the accused are ordered and directed to pay compensation of Rs.2,00,000/- (Two Lakh only) each to the injured under Section 357 of Cr. P.C. within 3 months from the date of Judgment. If the accused does not pay compensation awarded as above, the State Government is directed to pay the entire amount of compensation of Rs.4 lakhs to the victims under section 357-A of Cr.P.C. after expiry of the time granted to accused."

3. As a consequence of above, the accused were directed to deposit amount of compensation of Rs.2 lakhs each i.e. total Rs.4 lakhs which was to be paid to the victim pursuant to the provisions of Section 357- A of the Code of Criminal Procedure.

4. Since the accused persons have not paid the amount, it was for the State Government to deposit the amount of compensation to pay 3/4 34 IA 3592.22.docx

the same to the victim. Since last more than 4 years, the State Government has failed to honour the direction issued by the Sessions Judge, Solapur. The victim has taken out this application for issuance of directions.

5. In response to Court's query, Mr Kapadnis, the learned APP appearing for the State, submits that issue was taken up with Law and Judiciary Department who in turn has instructed the Additional Chief Secretary, Home Department vide communication dated 23 rd January 2023 to pay the compensation to the victim. The copy of the communication issued by the Law and Judiciary Department of Home is produced for the perusal of this Court.

6. It appears that the State Government is engaging in the inter departmental communication which is causing delay in the payment of compensation as was ordered 4 years back.

7. In the aforesaid background, Mr. Kapadnis - the leanred APP, submits that Victim Compensation Scheme framed under Section 357- A of the Cr. P.C. shall be brought to the notice of this Court alongwith the instructions from the competent authority as to the period within which the amount of compensation shall be paid.

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8. He submits that matter be placed for further consideration on 9 th February 2023. Adjourned accordingly.

      R.N. LADDHA, J.                          NITIN W. SAMBRE, J.
Lata Panjwani, P.S.