Karnataka High Court
Smt Kalavathi W/O Pradeep Kumar ... vs The State Of Karnataka on 4 April, 2024
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CRL.A No. 100268 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL APPEAL NO. 100268 OF 2022 (372)
BETWEEN:
SMT. KALAVATHI,
W/O PRADEEP KUMAR ARASIDDI,
AGE: 45 YEARS, OCC: COOLIE,
RES. PALTNA NAGAR,
KOPPAL TALUKA AND DISTRICT: KOPPAL-583231.
- APPELLANT
(BY SRI NARAYAN G RASALKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THOUGH SPECIAL PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD BY CPI,
KOPPAL WOMEN'S POLICE STATION,
KOPPAL-583231.
2. MANJUNATH S/O MOULAPPA BAVIMANI,
AGE: 41 YEARS, OCC: COLLIE, R/O OF KOPPAL
TQ & DISTRICT-KOPPAL-583231.
Digitally signed - RESPONDENTS
by SAROJA
HANGARAKI (BY SRI PRAVEENA Y. DEVAREDDIYAVAR, HCGP FOR R1;
Location: HIGH R2 SERVED)
COURT OF
KARNATAKA
DHARWAD THIS CRIMINAL APPEAL IS FILED U/SEC. 372 OF CR.P.C.
BENCH SEEKING TO GRANT LEAVE TO APPEAL AGAINST THE ORDER DATED
DHARWAD
10.02.2020 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, FTSC 1 KOPPAL IN SPL SC POCSO NO.33/2020 IN SO FAR AS
IT ONLY RELATED TO RESTRICTED AND LIMITED TO THE AWARD OF
INADEQUATE COMPENSATION OF RS.1,50,000 LACKS PAYABLE
UNDER THE NALSA'S COMPENSATION SCHEME FOR WOMEN
VICTIMS/ SURVIVORS OF SEXUAL ASSAULT/OTHER CRIMES, 2018 &
ETC.
THIS APPEAL, COMING ON FOR FINAL ARGUMENTS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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CRL.A No. 100268 of 2022
JUDGMENT
Appellant/ complainant in the present appeal is
challenging adequacy of compensation awarded by the trial
Court on the file of Addl. Dist. & Sessions Judge, FTSC-1 at
Koppal in Spl. SC. POCSO No. 33/2020 dated 10.02.2022.
2. Parties to the appeal are referred with their ranks as
assigned in the trial Court for the sake of convenience.
3. Heard the arguments of both sides.
4. After hearing the arguments of both sides and on perusal
of the trial Court records, the following points arise for
consideration.
1) Whether the impugned judgment of trial Court in
awarding compensation to the victim is perverse,
capracious and legally not sustainable?
2) Whether interference of this Court is required?
5. The factual matrix necessary for disposal of this appeal
can be stated in nutshell to the effect that on the strength of
complaint filed by the mother of victim, criminal law was set
into motion by registering the case in Koppal Women Police
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Station Crime No. 21/2020 for the offences punishable U/s 376,
506 of IPC and Sec. 4 and 6 of Prevention of Children From
Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO
Act' for the sake of brevity). The accused was tried for the said
offences in Spl. SC. POCSO No. 33/2020. The trial Court after
appreciation of oral and documentary evidence placed on
record, convicted the accused for the said offences vide
judgment dated 10.02.2022 and imposed sentence as per order
of sentence. The trial Court in exercise of its power U/s 357A
Cr.P.C. awarded compensation of Rs.1,50,000/- to the victim-
PW4 under the scheme of Victim Compensation, further
directed the DLSA, Koppal to pay the said compensation
directly to the victim to her bank account.
6. The adequacy of compensation amount awarded by the
trial Court to the victim-PW4 is called in question in the present
appeal. The trial Court has recorded its finding for grant of
compensation to the victim at page No. 81 as under:
"The victim girl admittedly she is not having any
source of income and her future career becomes
uncertain more ever she is school going child. Therefore,
out of the said fine amount substantial portion will have
to be paid to her. As regards the entitlement of the
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victim girl PW-4 to compensation, certainly she is entitled
to the same since it is now proved that she has been
subjected to sexual exploitation by the accused and the
evidence also revealed that there was adverse impact on
her studies for a considerably long period due to this
traumatic situation which she has undergone as I have
discussed supra. Considering these facts and
circumstances of the case I would propose to recommend
for award of compensation to her to the government
under the scheme of Victim Compensation. As per the
judgment passed by the Hon'ble Apex Court in Nipun
Saxena V/s Union of India (Writ petition Civil) No.
565/2012 dated 11.12.2018 the victim has to get
some compensation under the scheme of Victim
Compensation for which DLSA, Koppal has to pay an
amount of Rs.1,50,000/- towards compensation to the
victim girl PW-4 under the scheme of Victim
Compensation. The DLSA, Koppal has to pay the said
compensation directly to the victim PW-4's Bank a/c by
issuing cheque."
7. The trial Court while awarding compensation under
Karnataka Victim Compensation Scheme, 2011, has taken note
of the Notification No. HD 1 PCB 2011, Bangalore, Dated
22.02.2012, however the trial did not take into consideration
the revision of quantum of compensation under Government
Order No. HD 1 PCB 2011, Bangalore, dated 31.03.2015 and
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the Government Order No. HD 42 PCB 2018, Bengaluru, dated
25.09.2018. It is only because of non consideration of the
latest Government Order dated 25.09.2018, less compensation
has been awarded to the victim-PW4 as compensation.
8. This court in a similar set of circumstances and facts of
the case by taking note of the judgment of Hon'ble Delhi High
Court with regard to the grant of compensation under Victim
Compensation Act in the case of X vs. State of Nct of Delhi
(Acting Through its Secretary) and another in Crl. A. No.
63/2022 dated 20.10.2022 (2023 (1) ADR 57 [Del]) has laid
down guidelines that are required to be followed while granting
the compensation under POCSO Act, the Co-ordinate bench
judgment of this Court in Lalitha w/o Narasimha Siddi Vs.
State of Karnataka reported in 2023 (3) AKR 613 wherein it
has been observed and held at paragraph Nos. 9, 13 and 15 as
under:
"9. The proviso under Section 357(A) of Cr.P.C is very
wide and would in fact even cover cases which are covered
under the POCSO Act. The reading of Section 33 of the Act
would show that power has been given to the special Court to
grant compensation. The POCSO Act is gender neutral and
victim child is entitled for compensation for rehabilitating the
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victim child. The laudable object to enact special Act is to
protect children from offences of sexual assault, sexual
harassment and pornography. whereas it is necessary for the
proper development of the child that his or her right to privacy
and confidentiality be protected and prescribed by very person
by all means and through all stages of judicial process
involving the child. It is imperative that the law operates in a
manner in the best interest and well being of the child are
regarded as being paramount importance at every stage, to
ensure the healthy physical, emotional, intellectual and social
development of the child. The duty of special Court is not only
for the protection of children from sexual offences and convict
the accused where the accused is found guilty, but also to
grant compensation in terms of Section 33(8) of POCSO Act in
addition to the punishment as may be prescribed to the child
for any physical or mental trauma caused to him or for
immediate rehabilitation of such child and determine the
compensation in terms of Rule 9 (3) (i) to (xii) of Rules 2020.
13. On careful reading of Section 33 of POCSO Act and
Rule 9 of Rules 2020 manifestly makes it clear that it is the
duty of special court to determine the interim or final
compensation, so as to rehabilitate the child victim. The
Hon'ble Apex court in NIPUN SAXENA case referred above
directed that till the framing of compensation scheme
specifically for child victims in POCSO cases is not in place, the
NALSA compensation scheme shall act as a guideline to special
Courts to award compensation to child victims of sexual abuse.
15. On careful reading of Section 33(8) POCSO Act and
Rule 9 of Rules 2020, it is evident that it is only the special
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court have the power to quantify the compensation to the child
victims and forward the same to the DLSA for disbursal of the
award amount. The DLSA is under legal obligation to give
effect to the compensation determined by the special Court.
The power to determine compensation either interim or final is
vested with the special court to achieve the laudable object of
rehabilitation process to victim child. The Special Courts
constituted under the POCSO Act have adequate infrastructure,
facilities and human resources to ensure that not only the
quality of evidence of child is not diminished but it also
provides for speedy adjudication of the claims."
9. In view of the principles enunciated in this judgment, it is
the duty of the trial Court under the POCSO Act to grant
appropriate and adequate compensation to the victim under the
Act. The trial Court cannot fix compensation at it's own whims
and fancies. The Hon'ble Apex Court has categorically held in
Nipun Saxena case referred above that till the framing of
Compensation Scheme specifically for child victim under POCSO
cases is not in place, the NALSA compensation scheme shall act
as a guideline to special Courts to award compensation to child
victims of sexual abuse.
10. The trial Court did not take into consideration the latest
amendment regarding the enhancement of compensation to the
victim child vide Government Order No. HD 1 PCB 2011,
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Bangalore, dated 31.03.2015. The explanation offered to
NALSA Compensation Scheme for Women victims/ Survivors of
Sexual Assault/ Other Crimes, 2018 would go to show that "it is
clarified that this Chapter does not apply to minor victims under
the POCSO Act, 2012 in so far as their compensation issues are
to be dealt with only by the learned Special Courts U/s 33(8) of
the POCSO Act, 2012 and Rules (7) of the POCSO Rules, 2012".
However, the Hon'ble Apex Court in Nipun Saxena's case has
held that till framing of compensation scheme specifically for
child victim in POCSO cases is not in place, the NALSA
Compensation Scheme shall act as a guideline to Special Courts
to award compensation to child victims of sexual abuse.
Therefore, it is obligatory on the part of the trial Court to follow
the NALSA Compensation Scheme as a guideline for fixing the
compensation amount to which the victim child is entitled.
Under the said process the trial Court has to take into
consideration the guidelines enumerated in Rule No. 9 under
the POCSO Rules, 2020. The trial Court while considering the
issue of compensation has to appreciate the evidence on record
and take into consideration the guidelines laid down under Rule
9 of POCSO Rules, 2020 and then fix just and reasonable
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compensation to the victim child. It is the duty of the trial
Court to fix the appropriate compensation in the light of the
observation of this Court in the aforementioned judgment in
Lalitha case. Therefore, only to the extent of reconsideration
of the appropriate compensation under the NALSA Scheme, the
matter is required to be remanded to the trial court for
determination of appropriate compensation to the victim, i.e.,
PW4, in this case, and for the said purpose interference of this
Court. Consequently, proceed to pass the following order.
ORDER
Appeal filed by the appellant / complainant is hereby
allowed;
The judgment of the trial Court on the file of Addl. Dist. &
Sessions Judge, FTSC-1 at Koppal in Spl. SC. POCSO No.
33/2020 dated 10.02.2022 in so far as grant of compensation
to victim-PW4 amounting to Rs.1,50,000/- is hereby set aside;
The trial Court is directed to determine the amount of
compensation to which victim-PW4 is entitled under NALSA
Scheme.
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Registry is directed to send a copy of this order to the
trial Court along with the trial Court records, forthwith.
Sd/-
JUDGE
BVV
CT:GSM
