Gauhati High Court
Julifa Begum vs The State Of Assam And 3 Ors on 29 January, 2024
Author: Devashis Baruah
Bench: Devashis Baruah
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GAHC010062522020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2032/2020
JULIFA BEGUM
D/O LT. NUR MAHAMMAD SHEIKH, VILL. BARNARJHAR, P.O. BILASIPARA,
P.S BILASIPARA, DIST. DHUBRI, ASSAM, PIN-783348
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
HOME AND POLITICAL DEPTT. DISPUR, GUWAHATI-6
2:THE ASSAM STATE LEGAL SERVICES AUTHORITY
REP .BY ITS MEMBER SECRETARY BEHING GAUHATI HIGH COURT
NEW BUILDING
P.O. MEGHDOOT BHABAN
PANBAZAR
GUWAHATI-1
3:THE CHAIRMAN
DISTRICT LEGAL SERVICES AUTHORITY DHUBRI
ASSAM
P.O. AND P.S. AND DHUBRI
ASSAM PIN-783301
4:THE DISTRICT LEGAL SERVICES AUTHORITY
DHUBRI
ASSAM
REP. BY ITS SECRETARY P.O. AND P.S. AND DHUBRI
ASSAM PIN-78330
For the petitioner (s) : Mr. M. Hussain, Advocate
For the respondent (s) : Mrs. U. Das, Addl. Sr. Govt. Advocate
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BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
29.01.2024
The instant writ petition has been filed by the petitioner challenging
the order dated 27.06.2019 passed by the Secretary, District Legal
Services Authority (DLSA), Dhubri whereby the said respondent No.4 did
not reconsider the enhancement of the compensation to be payable to the
petitioner.
2. The case of the petitioner herein is that she was a victim in
connection with Bilasipara P.S. Case No.433/2013, registered under
Sections 120(B)/417/493/376/323/34 of the Indian Penal Code. The said
Bilasipara P.S. Case No.433/2013 was charge sheeted and thereupon the
Session Case No.68/2014 was registered. Vide the judgment and order
dated 10.08.2017, the learned Additional Sessions Judge, Bilasipara had
convicted the accused under Section 376 of the IPC and sentenced him to
rigorous imprisonment of 7 years along with a fine of Rs.3,000/-, in
default another 2 months of simple imprisonment and the five accused
persons were acquitted from the charges.
3. It is relevant to take note of that in the said judgment dated
10.08.2017, the learned Sessions Court further held that the petitioner
herein would be entitled to compensation under Section 357A of the
Cr.P.C. under the Victim Compensation Scheme and the Secretary, DLSA,
Dhubri was directed to determine the quantum of compensation payable
to the victim, i.e. the petitioner.
4. Consequently thereupon, on 07.11.2017, the petitioner submitted an
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application before the Secretary, DLSA, Dhubri. Pursuant thereto, an
amount of Rs.2,00,000.00 was paid to the petitioner on the basis of an
order dated 10.05.2018. The petitioner being aggrieved had preferred a
writ petition before this Court which was registered and numbered as
WP(C) No.704/2018 and this Court vide an order dated 25.04.2019
observing the Schemes namely Compensation Scheme for Women
Victims/Survivors of Sexual Assault/other Crimes, 2018 as well as the
notification of the Government of Assam dated 01.02.2019 had remitted
the matter back to the DLSA, Dhubri for relook into the compensation to
be paid to the petitioner. Pursuant thereto, the impugned order was
passed whereby the Secretary, DLSA, Dhubri had rejected the said
enhancement of the compensation in terms with the notification dated
01.02.2019 of the Government of Assam on the ground that the petitioner
did not apply within 6 months from the date of the crime which was the
mandate as per Clause 7 of the Assam Victim Compensation Scheme,
2012.
5. This Court has duly heard the learned counsel for the petitioner as
well as the learned counsel appearing on behalf of the respondents and
their contentions have been duly taken into account.
6. The question which arises in the instant proceedings is as to whether
the petitioner would be entitled to compensation in terms with the
notification pertaining to the Assam Victim Compensation Scheme, 2012
as it existed on the date on which the compensation was paid to the
petitioner or in terms with the notification dated 01.02.2019.
7. This Court has duly taken note of the judgment passed by the
learned Sessions Court dated 10.08.2017 wherein there was a direction to
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the Secretary, DLSA, Dhubri to determine the quantum of compensation in
terms with Section 357A of the Cr.P.C. Pursuant thereto, the petitioner
duly submitted an application on 07.11.2017 and pursuant to the order
dated 10.05.2018, the petitioner was paid the compensation amount of
Rs.2,00,000.00. The petitioner thereupon challenged the said order dated
10.05.2018 of awarding Rs.2,00,000.00 on the ground that the petitioner
ought to have been awarded in terms with the notification dated
01.02.2019 wherein the compensation has been fixed in the range of
Rs.3,00,000.00 to Rs.5,00,000.00. It is under such circumstances, this
Court vide an order dated 25.04.2019 had directed the Secretary, DLSA,
Dhubri to relook at the compensation paid to the petitioner taking into
account the notification of the Government of Assam dated 01.02.2019
and the Compensation Scheme for Women Victims/Survivors of Sexual
Assault/other Crimes, 2018 of NALSA.
8. During the course of hearing, the learned counsel appearing on
behalf of the petitioner has placed before this Court the then existing
notification bearing No.PLA.524/2015/16 dated 05.03.2016 whereby the
compensation to be payable for rape victim was Rs.3,00,000.00.
9. This Court is of the opinion that the petitioner would be entitled to
payment of compensation on the basis of the notification which existed at
that relevant point of time and not on the basis on the notification dated
01.02.2019 in as much as the petitioner has already paid pursuant to its
application in the year 2018 itself.
10. Be that as it may, as per the notification dated 05.03.2016, the
compensation which was requested to be paid is Rs.3,00,000/-. However,
the Secretary, DLSA, Dhubri vide the impugned order had rejected the
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enhancement of the compensation beyond Rs.2,00,000/-.
11. In the opinion of this Court the rejection of the prayer for
enhancement was not in conformity with the existing notification at that
relevant point of time. Accordingly, this Court therefore disposes of the
instant writ petition with a direction to the Secretary, DLSA, Dhubri to pass
an additional award of an amount of Rs,1,00,000/- to be paid to the
petitioner as compensation under Section 357A of the Cr.P.C. read with the
Assam Victim Compensation Scheme, 2012.
12. The said award be passed within a period of 2 (two) months from
the date a certified copy of the instant order is served upon the Secretary,
DLSA, Dhubri.
13. The said award be further forwarded to the Commissioner and
Secretary, Home Department of the Government of Assam. Upon receipt
of the said award, the Commissioner and Secretary, Home Department of
the Government of Assam is directed to disburse the amount of
Rs.1,00,000/- to the Secretary, DLSA, Dhubri within a period of 2 (two)
months from the date of receipt of the said award and thereupon, the
Secretary, DLSA, Dhubri shall disburse the same to the petitioner within a
period of 15 (fifteen) days.
14. With the above observations and directions, the instant writ petition
stands disposed of.
JUDGE
Comparing Assistant
