Gauhati High Court
Majeda Khatun vs The State Of Assam And 3 Ors on 20 January, 2022
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010149092021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4859/2021
MAJEDA KHATUN
W/O LT. ALI AKBAR
VILL- BESIMARI
P.O. CHALANTAPARA
P.S. JOGHIGOPA
DIST. BONGAIGAON
ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE ASSAM STATE LEGAL SERVICES AUTHORITY
REP. BY ITS MEMBER SECRETARY
GUWAHATI-01.
3:THE DISTRICT LEGAL SERVICES AUTHORITY
BONGAIGAON
ASSAM
REP. BY ITS SECRETARY
P.O.
P.S. AND DIST. BONGAIGAON
ASSAM
PIN-783380
4:THE CHAIRMAN
DISTRICT LEGAL SERVICES AUTHORITY
BONGAIGAON
ASSAM
Page No.# 2/4
P.O.
P.S. AND DIST. BONGAIGAON
ASSAM
PIN-783380
------------
Advocate for : MR. M U MONDAL
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 3 ORS
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 20-01-2022 Heard Mr. M.U. Mondal, learned counsel for the petitioner and Mr. K Gogoi, learned Additional Senior Government Advocate appearing for all the respondents.
The case of the petitioner is that the son and daughter of the petitioner namely, Aleya Begum and Romjan Ali were murdered on 15.02.2009 for which an FIR was lodged on the same day which was registered and numbered as Joghigopa PS Case No.30/2009 under sections 302 IPC. Subsequent to the investigation being carried out, charge-sheet was filed against the accused person under section 302 IPC. The case was thereupon committed by Judicial Magistrate First Class, North Salmara Abhayapuri to the Court of District & Sessions Judge, Bongaigaon which was registered and numbered as Sessions Case No.67(J)/2014. The trial Court after taking evidence and hearing the parties, passed the judgment and order dated 03.08.2015 whereby the accused person was acquitted on benefit of doubt The learned counsel for the petitioner draws the attention of this Court to the provisions of Section 357 (A) Cr.P.C. which is quoted as hereunder:
Page No.# 3/4 357A. Victim Compensation Scheme (1) Every State Government in coordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. (2) Whenever a recommendation is made by the Court for compensation, the District legal Services Authority or the State Legal service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub- section (1).
(3) If the trial Court, at the conclusion of the trial, is satisfied that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation (4) Where the offender is not traced or identified, but the victim is identified and where no trial takes place, the victim or his dependents may make an application to the state or the District legal Services Authority for award of compensation (5) On receipt of such recommendations or on the application under sub-section (4) the State or the District legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.
(6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.
He submits that in terms with Section 357A Cr.P.C., the Government of Assam has framed the Assam Victim Compensation Scheme 2012. Vide the notification dated 01.02.2019 which have been enclosed as Annexure-2 to the writ petition, the quantum of compensation has been increased by amending the Schedule of the Assam Victim Compensation Scheme 2012. He submits that in the case of death the amount of Page No.# 4/4 compensation is presently Rs.5,00,000/- (five lakhs). He further submits that the petitioner on coming to learn about the said scheme filed a representation before the Hon'ble Member Secretary Assam State Legal Services Authority on 23.03.2021 claiming the said compensation but the said compensation has not yet been awarded or paid to the petitioner for which the petitioner has filed the instant writ petition under Article 226 of the constitution of India.
This is a case where crime was committed and as a result of the crime, the petitioner's son and daughter lost their lives. It is another matter that in the trial that ensued the accused persons were acquitted but that does not in any manner negate the factor of commission of crime or the resulting loss or injury suffered by the dependent in this case, mother (petitioner) as a result of the crime. Section 357A Cr.P.C provides for compensation to the victim of such crime or the dependent of the victim who suffered loss or injury as a result of the crime and who requires rehabilitation.
That being the position, the respondent No.3 i.e., the Secretary District legal Services Authority, Bongaigaon is directed to take up the claim of the petitioner for victim compensation under section 357A Cr.P.C and after due enquiry and verification if it is found that the petitioner is entitled to the amount for claim may award compensation to the petitioner keeping in mind the Government notification dated 01.02.2019 within a period of 2 (two) months from the date of receipt of a certified copy of this order.
The writ petition is accordingly disposed of.
JUDGE Comparing Assistant