Orissa High Court
Suhani Bhoi vs State Of Odisha & Others .... Opp. ... on 20 March, 2026
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.21592 of 2023
Suhani Bhoi .... Petitioner
Mr. A. Das, Advocate
-versus-
State of Odisha & others .... Opp. Parties
Mr. S.B. Panda, AGA
CORAM:
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 20.03.2026 01. 1. Heard learned counsel for the Parties.
2. By means of this application, the Petitioner seeks the following relief:
"Therefore, it is prayed that this Hon'ble Court be graciously pleased to admit this hearing the parties be further pleased to;
Quash the order dated 22.10.2022 passed in V.C.A. No. 45 of 2022 and thereby direct the District Legal Services Authority, Kandhamal, Phulbani to reconsider the application of the Petitioner for awarding appropriate compensation in favour of the Petitioner by following the guidelines as provided under Scheme of Odisha and award a reasonable compensation, in the interest of justice and to secure the ends of justice".
3. In course of the hearing in the application, Mr. Panda, learned AGA drew the attention of this Court to the impugned order dated 22.10.2022, wherein the learned court while declined to grant compensation observed as follows:
"Perused the case record, more particularly the 161 and 164 Cr. P.C statements of the victim girl child and from the said statements it is ascertained that, she has stated that, the accused Prakash Dalachhatra has repeatedly committed rape on her. However, the medical report of the victim girl child does not reveal that, she was sexual assaulted. Furthermore, the victim has stated before the doctor that, the accused had only misbehaved her.
In this case, when the medical report does not reveal regarding any sexual act with the victim and the victim has not stated before the doctor that she was subjected to rape by the accused, I do not think it proper to award any compensation".
4. Mr. Das, learned counsel for the Petitioner, submits that the aforesaid observation of the Court does not deprive the victim of her entitlement to compensation in terms of the provisions of the Protection of Children from Sexual Offences Act, 2012 relating to victim compensation. It is further submitted that a direction may be issued to the District Legal Services Authority, Kandhamal to consider the Petitioner's application for grant of appropriate compensation.
Page 2 of 35. In view of the aforesaid submission of Mr. Das, learned counsel for the Petitioner, in the absence of any objection from the learned Additional Government Advocate, this Court without touching the merit of the writ application disposes the same granting liberty to the Petitioner to approach the Secretary, District Legal Services Authority, Kandhamal, Phulbani, by filing an appropriate application seeking compensation. In the event such an application is filed, the Secretary, District Legal Services Authority, Kandhamal, Phulbani shall consider and dispose of the same strictly in accordance with law within a reasonable period.
6. Accordingly, the Writ Petition is disposed of.
(Chittaranjan Dash) Judge Bijay Signature Not Verified Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Page 3 of 3 Date: 23-Mar-2026 10:55:00