Based On The Letter Of Sri Mansoor ... vs The State Of Bihar
2023 Latest Caselaw 4152 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Civil Writ Jurisdiction Case No.2160 of 2021
     ======================================================

Based on the letter of Sri Mansoor Quadri, UNICEF, Bihar relates to brutal cases of rape of minors of Madhubani and Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar Bihar.

2. The Secretary Ministry of Social and Welfare, Govt. of Bihar.

3. The Secretary Ministry of Women Child Development Govt. of Bihar.

4. The Director General of Police, Patna, Bihar.

5. The Superintendent of Police, Madhubani, Bihar.

6. The Superintendent of Police, Muzaffarpur, Bihar.

... ... Respondent/s ====================================================== Appearance :

     For the Petitioner/s     :      Ms. Prakrita Sharma, Amicus Curiae
     For the Respondent/s     :      Mr. P.K. Shahi, A.G
                                     Mr. Amish Kumar, A.C. to A.G

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 30-08-2023

Two minor children, aged 16 and 15 were subjected

to brutal rape and one of them was burnt alive, while the other

was a child with hearing and speech impairment. An email Patna High Court CWJC No.2160 of 2021 dt.30-08-2023

complaint was sent by the Child Protection Specialist, UNICEF,

Bihar, regarding the aforesaid incidents based on which the

Public Interest litigation was initiated.

2. The Amicus Curiae on 18.04.2023 pointed out

that there was gross delay in registering the FIRs, and the

families of the victims were not appropriately compensated. The

learned Amicus Curiae also pointed out that the F.I.R. of

Sahebganj P.S. Case No. 19 of 2021 in Muzaffarpur district

produced as Annexure-C to the counter affidavit filed on behalf

of Respondent No. 4 has been uploaded in the public domain in

contravention of the Hon'ble Supreme Court's direction and

there is no inclusion of Section 376 of the Indian Penal Code in

the said FIR.

3. We were informed by the learned Advocate

General that the girl suffering from hearing and speech

impairment was given the best medical facility available in

Patna, and was granted a compensation of Rs. 4,00,000/- (Four

Lakhs) . We directed that the action taken against the police who

dragged their feet in registering the F.I.R. be placed on record

and the measures taken by the Government to mitigate the

grievance of the family of the girl, who was murdered by the

perpetrators of the crime. We directed the State through the Patna High Court CWJC No.2160 of 2021 dt.30-08-2023

Principal Secretary, Social Welfare Department, Government of

Bihar, to file an affidavit explaining the mitigating measures

taken to look after the victim and the family of the deceased

child. We also directed the Director General of Police, Bihar to

file a suitable affidavit explaining the action taken against the

officers who dragged their feet in registering the FIR.

4. A counter affidavit dated 28.04.2023 has been

filed on behalf of the Principal Secretary, Department of Social

Welfare, Government of Bihar, Patna. Insofar as the victim

belonging to Madhubani, free medical facility was made

available to her and she was treated at IGIMS Patna. A

compensation amount of Rs.10,000 was given by the State and a

lump sum of Rs. 4,00,000 lakhs by the District Legal

Services Authority (for brevity "DLSA"). The further support

offered to the victim is stated in paragraph 5 which is extracted

here in below:

(i) Rs. 400/ per month as disability pension.

(ii) Free Ration to the father and brother of the victim through Ration Card under PDS.

(iii) Name included under Priority List under PMAY-G to the father and mother.

(iv) Job Card to father under MGNREGA

(v) Mother connected with Sri Patna High Court CWJC No.2160 of 2021 dt.30-08-2023

Krishna Jeevika Self Help Group and provided Rs. 20000 through the Group.

(vi) Labour Card under an Artisan Welfare Board, connected with different schemes of Labour Department.

5. The Directorate of Social Welfare has issued

directions to the Assistant Director, District Child Protection

Unit, Madhubani with guidelines to provide all possible support

to the victim and her family. The Child Welfare Committee

(CWC), Madhubani also deputed a support person from an

NGO under the provisions of the Protection of Children from

Sexual Offences (for brevity "POCSO") Rules, 2020 for

rendering required legal support to the victim girl and her

family. It is also stated that the Assistant Director had made a

written communication to the learned Additional District Judge-

VI, Civil Court Madhubani for release of adequate

compensation to the victim.

6. As regards the incident at Muzaffarpur, the

Assistant Director, District Child Protection Unit, Muzaffarpur

had submitted a report to the Director of the Social Welfare

Department informing him of the lodging of an F.I.R. vide

Sahebganj, (Muzaffarpur) P.S. Case, under Section

302/201/34/376 of the I.P.C. and under Section 4/8 of the

POCSO Act, 2012. In the case of the deceased girl at Patna High Court CWJC No.2160 of 2021 dt.30-08-2023

Muzaffarpur, the matter of compensation is pending before the

Secretary, DLSA, Muzaffarpur is the submission.

7. A supplementary counter affidavit has been filed

on behalf of the Director General of Police, Bihar by the

Superintendent of Police (W.S.) C.I.D., Bihar, Patna. Insofar as

the Sahebganj P.S. Case No. 19 of 2021, the then Senior

Superintendent of Police, Muzaffarpur supervised the case in the

presence of Station House Officer & Investigating Officer (for

brevity "S.H.O. & I.O.") of Sahebganj Police Station,

Muzaffarpur on the spot on the very next day of registration of

the case. Disciplinary proceedings were initiated against the

Mahal Chaukidar and also the S.H.O. & I.O. for negligence in

discharge of duty. It is also stated that the SDPO Saraiya,

Muzaffarpur had highlighted the fact that the S.H.O. & I.O. had

failed to mention the proper provisions regarding the offence

committed. Later the the S.H.O. & I.O. has filed a petition

before the competent Court in Muzaffarpur to add section 376

(d), I.P.C. and Sections 4/6/8 of the POCSO Act. The progress

regarding the Sahebganj P.S. Case No. 19 of 2021 and the arrest

of the accused as also the additions made of those not included

in the F.I.R. has been detailed in the counter affidavit. The

application made by the Investigating Officer to the DLSA in Patna High Court CWJC No.2160 of 2021 dt.30-08-2023

Muzaffarpur for compensations has also been highlighted.

8. Insofar as the incident at Madhubani, Harlakhi

P.S. Case No. 17 of 2021 was registered and the investigation

was supervised by the SDPO, Benipatti. Insofar as the said case,

on receiving information about a deaf and dumb girl having

been raped and her eye injured in village Kauaha Barhi, the

S.H.O of Harlakhi Police Station had immediately reached the

village with an armed force and the victim was immediately

taken to the hospital for treatment. The victim was shifted to the

Primary Health Centre and later to the Sadar Hospital,

Madhubani and then to DMCH, Darbhanga for better treatment.

As has been noticed above, the victim was then taken to the

IGIMS, Patna where she was given free treatment. The

proceedings with respect to the case also has been detailed in

the counter affidavit. A further supplementary counter affidavit

has been filed by on behalf of the Director General of Police,

Bihar by the Superintendent of Police (W.S.) C.I.D., Bihar,

wherein it is stated that the Mahal Choukidar against whom

proceedings were taken passed away on 01.02.2021. The S.H.O.

& I.O. of the Muzaffarpur case, against whom disciplinary

proceedings were initiated was found guilty of the charges

levelled and the Senior Superintendent of Police has imposed Patna High Court CWJC No.2160 of 2021 dt.30-08-2023

the penalty of withholding of two increments vide an order

dated 09.07.2023. It is also stated that the victim in the

Madhubani district has been paid a total amount of Rs.7,00,000

by the District Legal Services Authority as compensation.

9. By Order dated 23.06.2023, we directed the

Member Secretary, Bihar State Legal Services Authority to

place on record a report as to the compensation paid to the gang

raped victim/family of the deceased victim. We have received

the report of the Member Secretary, State Legal Services

Authority, enclosing the reports of the District Legal Services

Authorities. The DLSA, Madhubani with respect to Harlakhi

Police Station case number 17 of 2021 (Madhubani) confirms

the payment of Rs.7,00,000/- to the victim; Rs. 4,00,000/- (Four

Lakhs) as interim compensation on 08.02.2021 and

Rs.3,00,000/- (Three Lakhs) on 05.07.2022. In so far as the

family of the victim of Sahebganj P.S. Case No. 19 of

2021(Muzaffarpur), the DLSA, Muzaffarpur has reported that

no application for grant of compensation under the Bihar Victim

Compensation Scheme is available on record and there was also

no order passed by the competent Court. It is also stated that the

material witnesses in the sessions Case had turned hostile.

10. In this context, we looked at the Victim Patna High Court CWJC No.2160 of 2021 dt.30-08-2023

Compensation Scheme as brought out by the State of Bihar and

the POCSO Rules, 2012. Section 7 of the Rules has the nominal

heading 'Compensation' which empowers the special Court in

appropriate cases by sub-section (1), suo moto or on application

filed by or on behalf of the child, to pass an order for interim

compensation to meet the immediate needs of the child for

relief/ rehabilitation at any stage after registration of the F.I.R. It

is also provided that the interim compensation shall be adjusted

against the final compensation paid. On completion of

proceedings, whether the accused be convicted, acquitted or

discharged or even when the accused remain untraced and

unidentified, the Special Court can recommend award of

compensation. If the Special Court is of the opinion that the

child has suffered loss and injury as a result of the offence, the

factors to be taken into account by the Special Court is also

detailed under sub-section (3) of section 7.

11. It is pertinent that the very same principles are

applicable insofar as the award of an interim compensation by

the State/ District Legal Services Authority as has been provided

under the Bihar Victim Compensation (Amendment) Scheme

2019; as per provision No. 8. Provision No. 9 speaks of

procedure for grant of compensation, which at the interim stage Patna High Court CWJC No.2160 of 2021 dt.30-08-2023

can be granted by the State/ District Legal Services Authority if

a recommendation is made by the court for compensation under

section 357A of the Cr.P.C. or on an application made by any

victim or her dependents under section 357A. The prima facie

satisfaction insofar as the award of such interim compensation is

only with respect to the needs and identity of the victim; which

interim compensation, when paid can also be adjusted from the

final compensation. In fact, provision 9(1) of the scheme

enables the Secretary, SLSA or DLSA to suo moto after

preliminary verification of the facts, proceed to grant interim

relief in deserving cases at any time after commission of

offence.

12. In this context, we notice the report of the DLSA,

Muzaffarpur that there is no application for grant of

compensation under the Bihar Victim Compensation Scheme

available on record. However, the police and the Social

Welfare Department would assert that there are applications

filed on behalf of the family of the victim. In any event, as we

notice, the interim compensation, does not depend on an

application alone and the DLSA has the authority, coupled with

the duty, to satisfy itself regarding the needs and identity of the

victim and provide compensation to the extent permissible Patna High Court CWJC No.2160 of 2021 dt.30-08-2023

under the scheme. In such circumstances, we direct the DLSA

to immediately take up the issue of compensation to the family

of the victim in Sahebganj P.S. Case No. 19 of 2021

(Muzaffarpur) and grant interim compensation within a period

of two months from today. We direct the District Social Welfare

Officer and the S.H.O. of the Sahebganj Police Station to

provide necessary assistance to the DLSA, Muzaffarpur to

identify the family of the victim, ascertain their circumstances

and their needs and thus, seamlessly facilitate the award of

compensation. We also remind the Special Court handling the

trial to take appropriate measures under Section 7 of the Rules,

on conclusion of the trial.

13. We are of the opinion that the Public Interest

Litigation has served its purpose and there should be a quietus

to the issue raised herein. The compensation granted cannot

assuage the wounds of the victim and the deceased victim's

family. With heavy hearts, we close the writ petition, but direct

the DLSA to file a status report after one month from the receipt

of the certified copy of this judgment, which the Registry shall

communicate to the DLSA, Muzaffarpur through the Member

Secretary, Bihar State Legal Services Authority and also to the

S.H.O., Sahebganj and the District Welfare Officer, Patna High Court CWJC No.2160 of 2021 dt.30-08-2023

Muzaffarpur.

14. The Judges papers shall be posted after one

month only to ascertain the status of the grant of compensation.

15. Post on 16.10.2023.

(K. Vinod Chandran, CJ)

( Partha Sarthy, J) Anushka/-

AFR/NAFR
CAV DATE
Uploading Date          04.09.2023
Transmission Date