Karnataka High Court
Smt Kalavathi W/O Pradeep Kumar ... vs The State Of Karnataka on 4 April, 2024
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NC: 2024:KHC-D:6147
CRL.A No. 100268 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL APPEAL NO. 100268 OF 2022 (372)
BETWEEN:
SMT. KALAVATHI,
W/O PRADEEP KUMAR ARASIDDI,
AGE: 45 YEARS, OCC: COOLIE,
RES. PALTNA NAGAR,
KOPPAL TALUKA AND DISTRICT: KOPPAL-583231.
- APPELLANT
(BY SRI NARAYAN G RASALKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THOUGH SPECIAL PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD BY CPI,
KOPPAL WOMEN'S POLICE STATION,
KOPPAL-583231.
2. MANJUNATH S/O MOULAPPA BAVIMANI,
AGE: 41 YEARS, OCC: COLLIE, R/O OF KOPPAL
TQ & DISTRICT-KOPPAL-583231.
Digitally signed - RESPONDENTS
by SAROJA
HANGARAKI (BY SRI PRAVEENA Y. DEVAREDDIYAVAR, HCGP FOR R1;
Location: HIGH R2 SERVED)
COURT OF
KARNATAKA
DHARWAD THIS CRIMINAL APPEAL IS FILED U/SEC. 372 OF CR.P.C.
BENCH SEEKING TO GRANT LEAVE TO APPEAL AGAINST THE ORDER DATED
DHARWAD
10.02.2020 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, FTSC 1 KOPPAL IN SPL SC POCSO NO.33/2020 IN SO FAR AS
IT ONLY RELATED TO RESTRICTED AND LIMITED TO THE AWARD OF
INADEQUATE COMPENSATION OF RS.1,50,000 LACKS PAYABLE
UNDER THE NALSA'S COMPENSATION SCHEME FOR WOMEN
VICTIMS/ SURVIVORS OF SEXUAL ASSAULT/OTHER CRIMES, 2018 &
ETC.
THIS APPEAL, COMING ON FOR FINAL ARGUMENTS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6147
CRL.A No. 100268 of 2022
JUDGMENT
Appellant/ complainant in the present appeal is challenging adequacy of compensation awarded by the trial Court on the file of Addl. Dist. & Sessions Judge, FTSC-1 at Koppal in Spl. SC. POCSO No. 33/2020 dated 10.02.2022.
2. Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.
3. Heard the arguments of both sides.
4. After hearing the arguments of both sides and on perusal of the trial Court records, the following points arise for consideration.
1) Whether the impugned judgment of trial Court in awarding compensation to the victim is perverse, capracious and legally not sustainable?
2) Whether interference of this Court is required?
5. The factual matrix necessary for disposal of this appeal can be stated in nutshell to the effect that on the strength of complaint filed by the mother of victim, criminal law was set into motion by registering the case in Koppal Women Police -3- NC: 2024:KHC-D:6147 CRL.A No. 100268 of 2022 Station Crime No. 21/2020 for the offences punishable U/s 376, 506 of IPC and Sec. 4 and 6 of Prevention of Children From Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for the sake of brevity). The accused was tried for the said offences in Spl. SC. POCSO No. 33/2020. The trial Court after appreciation of oral and documentary evidence placed on record, convicted the accused for the said offences vide judgment dated 10.02.2022 and imposed sentence as per order of sentence. The trial Court in exercise of its power U/s 357A Cr.P.C. awarded compensation of Rs.1,50,000/- to the victim- PW4 under the scheme of Victim Compensation, further directed the DLSA, Koppal to pay the said compensation directly to the victim to her bank account.
6. The adequacy of compensation amount awarded by the trial Court to the victim-PW4 is called in question in the present appeal. The trial Court has recorded its finding for grant of compensation to the victim at page No. 81 as under:
"The victim girl admittedly she is not having any source of income and her future career becomes uncertain more ever she is school going child. Therefore, out of the said fine amount substantial portion will have to be paid to her. As regards the entitlement of the -4- NC: 2024:KHC-D:6147 CRL.A No. 100268 of 2022 victim girl PW-4 to compensation, certainly she is entitled to the same since it is now proved that she has been subjected to sexual exploitation by the accused and the evidence also revealed that there was adverse impact on her studies for a considerably long period due to this traumatic situation which she has undergone as I have discussed supra. Considering these facts and circumstances of the case I would propose to recommend for award of compensation to her to the government under the scheme of Victim Compensation. As per the judgment passed by the Hon'ble Apex Court in Nipun Saxena V/s Union of India (Writ petition Civil) No. 565/2012 dated 11.12.2018 the victim has to get some compensation under the scheme of Victim Compensation for which DLSA, Koppal has to pay an amount of Rs.1,50,000/- towards compensation to the victim girl PW-4 under the scheme of Victim Compensation. The DLSA, Koppal has to pay the said compensation directly to the victim PW-4's Bank a/c by issuing cheque."
7. The trial Court while awarding compensation under Karnataka Victim Compensation Scheme, 2011, has taken note of the Notification No. HD 1 PCB 2011, Bangalore, Dated 22.02.2012, however the trial did not take into consideration the revision of quantum of compensation under Government Order No. HD 1 PCB 2011, Bangalore, dated 31.03.2015 and -5- NC: 2024:KHC-D:6147 CRL.A No. 100268 of 2022 the Government Order No. HD 42 PCB 2018, Bengaluru, dated 25.09.2018. It is only because of non consideration of the latest Government Order dated 25.09.2018, less compensation has been awarded to the victim-PW4 as compensation.
8. This court in a similar set of circumstances and facts of the case by taking note of the judgment of Hon'ble Delhi High Court with regard to the grant of compensation under Victim Compensation Act in the case of X vs. State of Nct of Delhi (Acting Through its Secretary) and another in Crl. A. No. 63/2022 dated 20.10.2022 (2023 (1) ADR 57 [Del]) has laid down guidelines that are required to be followed while granting the compensation under POCSO Act, the Co-ordinate bench judgment of this Court in Lalitha w/o Narasimha Siddi Vs. State of Karnataka reported in 2023 (3) AKR 613 wherein it has been observed and held at paragraph Nos. 9, 13 and 15 as under:
"9. The proviso under Section 357(A) of Cr.P.C is very wide and would in fact even cover cases which are covered under the POCSO Act. The reading of Section 33 of the Act would show that power has been given to the special Court to grant compensation. The POCSO Act is gender neutral and victim child is entitled for compensation for rehabilitating the -6- NC: 2024:KHC-D:6147 CRL.A No. 100268 of 2022 victim child. The laudable object to enact special Act is to protect children from offences of sexual assault, sexual harassment and pornography. whereas it is necessary for the proper development of the child that his or her right to privacy and confidentiality be protected and prescribed by very person by all means and through all stages of judicial process involving the child. It is imperative that the law operates in a manner in the best interest and well being of the child are regarded as being paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child. The duty of special Court is not only for the protection of children from sexual offences and convict the accused where the accused is found guilty, but also to grant compensation in terms of Section 33(8) of POCSO Act in addition to the punishment as may be prescribed to the child for any physical or mental trauma caused to him or for immediate rehabilitation of such child and determine the compensation in terms of Rule 9 (3) (i) to (xii) of Rules 2020.
13. On careful reading of Section 33 of POCSO Act and Rule 9 of Rules 2020 manifestly makes it clear that it is the duty of special court to determine the interim or final compensation, so as to rehabilitate the child victim. The Hon'ble Apex court in NIPUN SAXENA case referred above directed that till the framing of compensation scheme specifically for child victims in POCSO cases is not in place, the NALSA compensation scheme shall act as a guideline to special Courts to award compensation to child victims of sexual abuse.
15. On careful reading of Section 33(8) POCSO Act and Rule 9 of Rules 2020, it is evident that it is only the special -7- NC: 2024:KHC-D:6147 CRL.A No. 100268 of 2022 court have the power to quantify the compensation to the child victims and forward the same to the DLSA for disbursal of the award amount. The DLSA is under legal obligation to give effect to the compensation determined by the special Court. The power to determine compensation either interim or final is vested with the special court to achieve the laudable object of rehabilitation process to victim child. The Special Courts constituted under the POCSO Act have adequate infrastructure, facilities and human resources to ensure that not only the quality of evidence of child is not diminished but it also provides for speedy adjudication of the claims."
9. In view of the principles enunciated in this judgment, it is the duty of the trial Court under the POCSO Act to grant appropriate and adequate compensation to the victim under the Act. The trial Court cannot fix compensation at it's own whims and fancies. The Hon'ble Apex Court has categorically held in Nipun Saxena case referred above that till the framing of Compensation Scheme specifically for child victim under POCSO cases is not in place, the NALSA compensation scheme shall act as a guideline to special Courts to award compensation to child victims of sexual abuse.
10. The trial Court did not take into consideration the latest amendment regarding the enhancement of compensation to the victim child vide Government Order No. HD 1 PCB 2011, -8- NC: 2024:KHC-D:6147 CRL.A No. 100268 of 2022 Bangalore, dated 31.03.2015. The explanation offered to NALSA Compensation Scheme for Women victims/ Survivors of Sexual Assault/ Other Crimes, 2018 would go to show that "it is clarified that this Chapter does not apply to minor victims under the POCSO Act, 2012 in so far as their compensation issues are to be dealt with only by the learned Special Courts U/s 33(8) of the POCSO Act, 2012 and Rules (7) of the POCSO Rules, 2012". However, the Hon'ble Apex Court in Nipun Saxena's case has held that till framing of compensation scheme specifically for child victim in POCSO cases is not in place, the NALSA Compensation Scheme shall act as a guideline to Special Courts to award compensation to child victims of sexual abuse. Therefore, it is obligatory on the part of the trial Court to follow the NALSA Compensation Scheme as a guideline for fixing the compensation amount to which the victim child is entitled. Under the said process the trial Court has to take into consideration the guidelines enumerated in Rule No. 9 under the POCSO Rules, 2020. The trial Court while considering the issue of compensation has to appreciate the evidence on record and take into consideration the guidelines laid down under Rule 9 of POCSO Rules, 2020 and then fix just and reasonable -9- NC: 2024:KHC-D:6147 CRL.A No. 100268 of 2022 compensation to the victim child. It is the duty of the trial Court to fix the appropriate compensation in the light of the observation of this Court in the aforementioned judgment in Lalitha case. Therefore, only to the extent of reconsideration of the appropriate compensation under the NALSA Scheme, the matter is required to be remanded to the trial court for determination of appropriate compensation to the victim, i.e., PW4, in this case, and for the said purpose interference of this Court. Consequently, proceed to pass the following order.
ORDER Appeal filed by the appellant / complainant is hereby allowed;
The judgment of the trial Court on the file of Addl. Dist. & Sessions Judge, FTSC-1 at Koppal in Spl. SC. POCSO No. 33/2020 dated 10.02.2022 in so far as grant of compensation to victim-PW4 amounting to Rs.1,50,000/- is hereby set aside;
The trial Court is directed to determine the amount of compensation to which victim-PW4 is entitled under NALSA Scheme.
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NC: 2024:KHC-D:6147 CRL.A No. 100268 of 2022 Registry is directed to send a copy of this order to the trial Court along with the trial Court records, forthwith.
Sd/-
JUDGE BVV CT:GSM List No.: 1 Sl No.: 43