Supreme Court - Daily Orders
The State Of Himachal Pradesh vs Dile Ram on 20 September, 2021
Bench: A.M. Khanwilkar, C.T. Ravikumar
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 1036 OF 2021
(Arising out of SLP(Crl.) No.7572/2017
THE STATE OF HIMACHAL PRADESH ...APPELLANT(S)
VERSUS
DILE RAM & ANR. ...RESPONDENT(S)
O R D E R
Leave granted.
Heard learned counsel for the parties. This appeal takes exception to the judgment(s) and order(s) dated 26.07.2016 and 01.08.2016 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.444/2011.
The State has challenged the operative order on the ground that the direction is beyond the relief to be granted to the victim of crime under the Himachal Pradesh (Victim of Crime) Compensation Scheme, 2012 framed under Section 357-A of the Code of Criminal Procedure, 1973, in light of the dictum of this Court in Tekan alias Tekram vs. State of Madhya Pradesh (Now Chhattisgarh), reported in Signature Not Verified (2016) 4 SCC 461. This is the limited grievance that Digitally signed by NEETU KHAJURIA Date: 2021.09.22 19:12:47 IST Reason: needs to be addressed in the present appeal.
We have no hesitation in accepting the stand of 2 the State that the High Court ought not to have passed directions which travel beyond the relief to be granted to the victim of crime as per the statutory scheme referred to above. To that extent the argument of the State commends to us. That, however, cannot justify the inaction of the State to pay the amount to the victim of crime which was payable in terms of the Scheme of 2012, despite the direction given by the High Court merely because the judgment under appeal is pending for consideration before this Court.
Accordingly, while partly allowing this appeal, we direct the State of Himachal Pradesh to pay the amount in terms of the Scheme of 2012 referred to above to the concerned victim of crime within four weeks’ time from today along with simple interest thereon at the rate of 10% per annum from 26 th July, 2016 till the date of realization of the amount or as may be permissible under the Scheme, whichever is higher.
We are informed across the Bar by the learned counsel for the State that in all probability the victim of crime will be entitled to maximum amount of Rs.4,00,000/- (Rupees four lakhs only) under the 3 stated Scheme.
It is for the authorities concerned to compute the amount and pay the same as per the Scheme in terms of this order along with interest payable thereon, referred to above. That be done within four weeks from today.
We make it clear that this will not prevent the victim of crime to seek further reliefs, as may be permissible in law, in reference to the offence in respect of which the compensation amount is being offered to her. We have not expressed any opinion on the merits of that claim, which if initiated be decided in accordance with law.
The appeal is disposed of in the above terms. Copy of this order be forwarded forthwith through e-mail to the Secretary, Home Department, Government of Himachal Pradesh for information and necessary action.
..................,J.
(A.M. KHANWILKAR) ..................,J.
(C.T. RAVIKUMAR)
NEW DELHI
SEPTEMBER 20, 2021
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ITEM NO.29 Court 3 (Video Conferencing) SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 7572/2017
(Arising out of impugned final judgment and order dated 26-07-2016 in CRA No. 444/2011 passed by the High Court Of Himachal Pradesh At Shimla) THE STATE OF HIMACHAL PRADESH Petitioner(s) VERSUS DILE RAM & ANR. Respondent(s) Date : 20-09-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Mr. Archit Vasudeva, Adv.
Ms. Surbhi Saxena, Adv.
Mr. Abhinav Mukerji, AOR For Respondent(s) Ms. Nidhi, AOR Ms. Suvarna S. Ganu, Adv.
Mr. Jaydip Pati, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
(NEETU KHAJURIA) (VIDYA NEGI)
COURT MASTER COURT MASTER
(Signed order is placed on the file.)