Punjab-Haryana High Court
Afsana vs State Of Haryana And Ors on 13 March, 2024
Neutral Citation No:=2024:PHHC:036343
2024:PHHC:036343
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
222
CWP-3901-2021 (O&M)
Date of decision: 13.03.2024
Mrs. Afsana ...Petitioner
VERSUS
State of Haryana and others ...Respondents
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Present :- Ms. Kushaldeep Kaur, Advocate for the petitioner.
Mr. Pankaj Mulwani, DAG Haryana.
Mr. Kunal Mulwani, Advocate for respondents No.2 and 3.
*****
VINOD S. BHARDWAJ, J. (Oral)
1. Prayer in the present petition is for modification of order dated
13.01.2020 (Annexure P-2) passed by respondent No.3-The District Legal
Services Authority, Faridabad, whereby an amount of Rs.4 lakhs has been
ordered to be paid to the petitioner/victim under the Victim Compensation
Scheme.
2. It has been prayed that a compensation of Rs.8 lakhs should be
awarded to the petitioner in the light of the order dated 25.07.2018
(Annexure P-4) passed by this Court. It is evident from a perusal of the order
sheets that no one has entered appearance on behalf of the petitioner on last
two occasions and the situation has remained the same today as well.
Accordingly Ms. Kushaldeep Kaur, Advocate, who is on the panel of the
High Court Legal Services Committee is appointed as counsel to assist this
Court on behalf of the petitioner in the present case. She has gone through
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the paper-book supplied to her by the learned counsel for the respondent for
her perusal.
3. Learned counsel for the petitioner has vehemently argued that
the petitioner is a rape victim in case FIR No.18 dated 22.02.2018 registered
under Sections 376, 313, 506 and 34 IPC at Police Station Women, Sector-
16-A, Faridabad. The accused was thereafter convicted and sentenced to
undergo rigorous imprisonment for a period of 10 years by the Additional
Sessions Judge-cum-Fast Track Court, Faridabad. The case of the petitioner
was referred to the District Services Authority, Faridabad, for compensation
vide judgment dated 20.11.2019. The operative part of the said judgment
reads thus:
"Hon'ble Supreme Court in Ankush Shivaji Gaikwad
versus State of Maharashtra, 2013(2) RCR Criminal 1036 and
Suresh and another Vs. State of Haryana, (2015) 2 SCC-227
has observed that in case of conviction of an accused in
criminal offense, it is mandatory duty of the Court to consider
the question of award of compensation to victim of crime. So,
the case is recommended to the District Legal Services
Authority for the grant of compensation under Section 357A
sub-section (3) of the Code of Criminal Procedure, under the
Haryana Victim compensation Scheme, 2013 to the
prosecutrix. A copy of this judgment be sent to the Secretary,
District Legal Services Authority, Faridabad for necessary
action under the provisions of Haryana Victim Compensation
Scheme, 2013. Case property, if any, be dealt with in
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accordance with the provisions of law."
4. Learned counsel for the petitioner further states that the Chief
Judicial Magistrate-cum-Secretary, District Legal Services Authority,
Faridabad, conducted an enquiry and recorded his finding holding that the
petitioner is entitled to compensation of Rs.4 lakhs. The operative part of the
said enquiry/order dated 13.01.2020 reads thus:
"Considering the fact that the victim is sufferer and has
been subjected to heinous and barbarous crime, which
resulted in severe physical and mental injuries. This Authority
finds it appropriate that an amount of Rs. 4,00,000/- (Rupees
Four Lac Only) be granted as final compensation to the
victim, which would include her rehabilitation.
It is ordered accordingly, in view of the above said
discussion and for the reason recorded above, it is directed
that a compensation of Rs. 4,00,000/- (Rupees Four Lac Only)
is paid to the victim, from the Victim Compensation Scheme
with the District Legal Services Authority, Faridabad, as per
the Schedule 1 (Srl. No. 4) of Haryana Victim Compensation
Scheme, 2013."..
5. The petitioner claims that she has complied with the conditions
and has furnished the information including details of bank account and
affidavits, as directed by the District Legal Services Authority, however, the
amount of compensation had not been deposited and she further contends
that she is entitled to higher compensation to the extent of Rs.8 lakh in terms
of the Victim Compensation Scheme.
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6. She further contends that a compensation of Rs.8 lakhs was
awarded by this Court in a similar matter i.e. CWP-5951-2018 titled as
'Shabana Vs. State of Haryana and others'. She thus prayed that the
compensation already awarded be released in favour of the petitioner and
higher compensation be given to her in view of the above judgment.
7. A short reply has been filed by Deputy Director, Social Justice
& Empowerment Department, Haryana, on behalf of respondent No.1,
wherein the factual aspects noticed above are not under dispute. It is
however submitted that the petitioner may seek enhancement of
compensation from the Department of Home, Haryana, being the Nodal
Department.
8. A separate short reply has also been filed by the Special
Secretary to Govt. of Haryana, Administration of Justice Department, on
behalf of respondent No.4, wherein it is averred that the Victim
Compensation Scheme provides for remedy of appeal under Clause 17 and
instead of approaching this Court, the petitioner ought to have preferred an
appeal before the District & Sessions Judge-cum-Chairperson, District Legal
Services Authority.
9. Learned counsel appearing on behalf the District Legal Services
Authority further contended that the amount of Rs.4 lakhs, as ordered by the
Chief Judicial Magistrate-cum-Secretary, District Legal Services Authority,
Faridabad has already been released in favour of the petitioner. He further
submits that as far as the amount of compensation to be paid to the victim is
concerned, the minimum amount fixed under the said Scheme is Rs.4 lakhs
and the same has already been awarded and released in favour of the
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petitioner in the present case.
10. On a pointed query, learned counsel for the District Legal
Services Authority however does not dispute the fact that the compensation
awarded to the petitioner is minimum and that a higher compensation can be
awarded by the competent authority, upon consideration and in totality of
circumstance. He however submits that since a remedy of appeal is
prescribed under the Victim Compensation Scheme, the petitioner may
approach the appellate authority, with the relevant material justifying her
claim for a higher compensation. He contends that in the event of the
petitioner preferring any such appropriate appeal/petition before the
appellate authority, a reasoned decision shall be taken thereupon.
11. In view of the above, the present writ petition is disposed of at
this stage with liberty to the petitioner to approach the appellate authority
under Clause 17 of the Haryana Victim Compensation Scheme, 2013,
within a period of two months of receipt of a certified copy of this order.
In the event of such an appeal being preferred by the petitioner, her claim
shall be considered by the appellate authority, on merit, and a reasoned order
shall be passed after affording an opportunity of hearing.
12. A copy of this order be placed also before The High Court
Legal Services Committee for its record and necessary action and to release
the admissible dues/fee payable to the nominated Legal Aid Counsel.
(VINOD S. BHARDWAJ)
13.03.2024 JUDGE
Mangal Singh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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