Karnataka High Court
Smt Kabitha Tamang vs State Of Karnataka on 14 June, 2023
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2023:KHC:20385
CRL.A No. 326 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL APPEAL NO. 326 OF 2022
BETWEEN:
SMT. KABITHA TAMANG,
W/O SRI.INDRA TAMONG,
AGED ABOUT 32 YEARS,
NOW R/AT 444, 1ST FLOOR, 1ST CROSS,
JAKKUR LAYOUT, JAKKUR,
BANGALORE NORTH,
BANGALORE - 560 064.
AS PER AADHAR
R/AT NO.60, NEAR BUS STOP,
K.NARAYANAPURA,
BENGALURU - 77.
...APPELLANT
(BY M/S. MAHESH S AND CO., ADVOCATES)
Digitally signed
by REKHA
ANKAIAH
AND:
Location: High
Court of
Karnatka STATE OF KARNATAKA,
BY SAMPIGEHALLI POLICE STATION,
BANGALORE.
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
...RESPONDENT
(BY SRI.S.VISHWAMURTHY, HCGP)
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NC: 2023:KHC:20385
CRL.A No. 326 of 2022
THIS CRL.A. IS FILED U/S.374(2) OF CR.P.C. PRAYING
TO SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER
OF SENTENCE DATED 04.10.2017 PASSED BY THE LIII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
IN SPL.C.C.NO.184/2013, THE APPELLANT/ACCUSED IS
CONVICTED FOR THE OFFENCE P/U/S 376 AND 506 OF IPC
R/W SECTION 5(m) OF POCSO ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed under Section 372 of Cr.P.C by the mother of the victim, who is the complainant for setting aside the order passed by the Trial Court in Spl.C.C.No.184/2013 awarding compensation of Rs.1,00,000/- to the victim under the Victim's Compensation Act, while convicting the accused for the offence punishable under Section 376 and 506 of IPC read with Section 5(m) of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').
2. Heard the learned counsel for the appellant and learned HCGP for the respondent-State.
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NC: 2023:KHC:20385 CRL.A No. 326 of 2022
3. Learned counsel for the appellant submits that her daughter has been sexually assaulted by the accused namely, one Lakshman and a case was registered before the Sampigehalli Police Station, Bengaluru. The accused has denied the charges leveled against him and claimed to be tried. The trial Court found the accused guilty of the offence and convicted him for the offence punishable under Section 376 of IPC and Section 6 of the POCSO Act. While passing the order, the trial Court awarded sentence of ten years with fine of Rs.10,000/- for the offence punishable under Section 376 and sentenced to undergo simple imprisonment of one year with fine of Rs.5,000/- for the offence punishable under Section 506 of the IPC.
4. Learned counsel for the appellant submits that the accused did not file any appeal and he has undergone sentence but not paid any fine amount. The Trial Court has committed an error in awarding compensation of Rs.1,00,000/- and directing to approach the State Legal Services Authority (for short 'SLSA') for receiving the said -4- NC: 2023:KHC:20385 CRL.A No. 326 of 2022 compensation of Rs.1,00,000/-, even though under circular of the State Government under the Victim's Compensation Act, provides a maximum limit of Rs.7,00,000/- from 4,00,000/- as minimum for the rape cases, but the trial court awarded meager compensation, which leads to injustice to the victim and prayed to allow the appeal.
5. Per contra, learned HCGP also fairly admits that the accused did not pay any fine amount and the circular issued by the National Legal Services Authority (for short 'NALSA') for awarding compensation under the Scheme for Women Victims/Survivors of Sexual Assault, 2018 applies to the victim which prescribes minimum of Rs.4,00,000/- and maximum upto Rs.7,00,000/- for rape case.
6. Having heard the arguments and on perusal of the judgment, the Trial Court has rightly passed the judgment of conviction and sentenced the accused to undergo 10 years of rigorous imprisonment for the offence punishable under Section 376 of IPC. But erred in -5- NC: 2023:KHC:20385 CRL.A No. 326 of 2022 awarding compensation of Rs.1,00,000/- under Rule-7(2) of POCSO Act and directed to approach the SLSA for receiving the said compensation, which is under challenge.
7. Having perused the scheme prepared by the NALSA in respect of compensation Scheme For Women And Victims/Survivors Of Sexual Assault/ Other Crimes, 2018 which prescribes new compensation of Rs.4,00,000/- and maximum of Rs.7,00,000/- and the State Government has also issued the gazette notification dated 22.02.2011 for implementation of compensation. Modification of the compensation scheme 2011 has been issued by the State Government on 25.09.2018 on top of the compensation prescribed by the NALSA from Rs.4,00,000/- to Rs.7,00,000/-. Such being the case, the Trial Court has committed an error in awarding Rs.1,00,000/- as compensation and approaching SLSA. Therefore, once the accused not filed any the appeal challenging the sentence and as he has undergone the sentence, proper compensation has to be awarded to the victim for rape -6- NC: 2023:KHC:20385 CRL.A No. 326 of 2022 case especially to a girl child. Such being the case, the impugned order of the Trial Court awarding Rs.1,00,000/- as compensation has to be enhanced. Accordingly, I pass the following:
ORDER i. The appeal is allowed. ii. The appellant is entitled for award of compensation of Rs.5,00,000/-. iii. The appellant shall approach the Legal Services Authority for receiving the said compensation. iv. Send a copy of the judgment to the Trial Court as well as the Member Secretary of SLSA.
Sd/-
JUDGE RKA List No.: 1 Sl No.: 13