Gauhati High Court
Mizanur Rahman vs The State Of Assam And 3 Ors on 20 January, 2022
Page No.# 1/4
GAHC010149092021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4831/2021
MIZANUR RAHMAN
S/O LT. FORZUL HOQUE @ FAZLU RAHMAN, VILL-POCHIM MOISA PT-I,
P.O.-BELGURI, P.S.-AGOMONI, DIST-DHUBRI, ASSAM, PIN-783335
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-06
2:THE ASSAM STATE LEGAL SERVICES AUTHORITY
REPRESENTED BY ITS MEMBER SECRETARY
GHY-01
3:THE DISTRICT LEGAL SERVICES AUTHORITY
DHUBRI
ASSAM
REPRESENTED BY ITS SECRETARY
P.O. AND P.S. AND DIST- DHUBRI
ASSAM
PIN-783330
4:THE CHAIRMAN
DISTRICT LEGAL SERVICES AUTHORITY
DHUBRI
ASSAM
P.O. AND P.S. AND DIST- DHUBRI
ASSAM
PIN-78333
Advocate for the Petitioner : MR. M U MONDAL
Advocate for the Respondent : GA, ASSAM
Page No.# 2/4
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 20-01-2022
Heard Mr. M.U. Mondal, learned counsel for the petitioner and Mr. K
Gogoi, learned Additional Senior Government Advocate appearing for all the
respondents.
The case of the petitioner is that on 11.04.1995 at about 8.45 PM,
the father of the petitioner was grievously hurt and subsequently on
12.04.1995 he succumbed to his injury and subsequently an FIR was
lodged on the same date which was registered and numbered as Golakganj
PS Case No.79/1995 under Sections 447/325/341 IPC. At the time of
investigation Section 302 IPC was added. Charge-sheet was also filed
against the accused persons under sections 302/34 IPC.
The trial Court vide the judgment and order dated 22.09.1998 in
Sessions Case No.102/1996 (GR case No.GKJ 79/1995) had acquitted the
accused persons. However, there was no direction given in the said
judgment for payment of compensation in terms with Section 357 (A) of the
Cr.P.C.
The learned counsel for the petitioner draws the attention of this
Court to the provisions of Section 357 (A) Cr.P.C. which is quoted as
hereunder:
357A. Victim Compensation Scheme
(1) Every State Government in coordination with the Central
Government shall prepare a scheme for providing funds for the purpose
of compensation to the victim or his dependents who have suffered loss
or injury as a result of the crime and who require rehabilitation.
(2) Whenever a recommendation is made by the Court for
Page No.# 3/4
compensation, the District legal Services Authority or the State Legal
service Authority, as the case may be, shall decide the quantum of
compensation to be awarded under the scheme referred to in sub-section
(1).
(3) If the trial Court, at the conclusion of the trial, is satisfied that
the compensation awarded under section 357 is not adequate for such
rehabilitation, or where the cases end in acquittal or discharge and the
victim has to be rehabilitated, it may make recommendation for
compensation
(4) Where the offender is not traced or identified, but the victim is
identified and where no trial takes place, the victim or his dependents
may make an application to the state or the District legal Services
Authority for award of compensation
(5) On receipt of such recommendations or on the application
under sub-section (4) the State or the District legal Services Authority
shall, after due enquiry award adequate compensation by completing the
enquiry within two months.
(6) The State or the District Legal Services Authority, as the case
may be, to alleviate the suffering of the victim, may order for immediate
first-aid facility or medical benefits to be made available free of cost on
the certificate of the police officer not below the rank of the officer in
charge of the police station or a Magistrate of the area concerned, or any
other interim relief as the appropriate authority deems fit.
He submits that in terms with Section 357A Cr.P.C., the Government
of Assam has framed the Assam Victim Compensation Scheme 2012. Vide
the notification dated 01.02.2019 which have been enclosed as Annexure-2
to the writ petition, the quantum of compensation has been increased by
amending the Schedule of the Assam Victim Compensation Scheme 2012.
He submits that in the case of death the amount of compensation is
presently Rs.5,00,000/- (five lakhs). He further submits that the petitioner
on coming to learn about the said scheme filed a representation before the
Hon'ble Member Secretary Assam State Legal Services Authority on
23.03.2021 claiming the said compensation but the said compensation has
Page No.# 4/4
not yet been awarded or paid to the petitioner for which the petitioner has
filed the instant writ petition under Article 226 of the constitution of India.
This is a case where crime was committed and as a result of the
crime, the petitioner's father lost his life. It is another matter that in the
trial that ensued the accused persons were acquitted but that does not in
any manner negate the factor of commission of crime or the resulting loss
or injury suffered by the dependent in this case, his son (petitioner) as a
result of the crime. Section 357 A Cr.P.C provides for compensation to the
victim of such crime or the dependent of the victim who suffered loss or
injury as a result of the crime and who requires rehabilitation.
That being the position, the respondent No.3 i.e., the Secretary
District legal Services Authority, Dhubri is directed to take up the claim of
the petitioner for victim compensation under section 357A Cr.P.C and after
due enquiry and verification if it is found that the petitioner is entitled to the
amount for claim may award compensation to the petitioner keeping in
mind the Government notification dated 01.02.2019 within a period of 2
(two) months from the date of receipt of a certified copy of this order.
The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
