State Of Himachal Pradesh vs Sukh Pal S/O Magnoo Ram on 28 March, 2018

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Himachal Pradesh High Court

State Of Himachal Pradesh vs Sukh Pal S/O Magnoo Ram on 28 March, 2018

Bench: Sanjay Karol

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA .

                                    Cr. Revision No.            80          of 2018





                                    Date of Decision: March 28, 2018
    State of Himachal Pradesh                                       Petitioner





                                    Versus

    Sukh Pal s/o Magnoo Ram                                         Respondent.





    Coram:

The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.

Whether approved for reporting? 1

For the petitioner : Mr. Adarsh Sharma, Additional Advocate General and Ms. Svaneel Jaswal, Deputy Advocate General for the petitioner/State. For the respondent : Mr. N. S. Chandel, Advocate, as Amicus Curiae, for the respondent.

Sanjay Karol, ACJ. (Oral) Vide judgment dated 16.12.2016/16.1.2017, passed by learned Sessions Judge, Shimla, H.P. in Sessions Trial No. 18-S/7 of 2015, titled as State of H.P. vs. Sukh Pal, accused Sukh Pal stands convicted for having committed offences punishable under the provisions of Sections 323 and 326-A of the Indian Penal Code.

2. By way of present Revision Petition, so filed under the provisions of Section 397 read with Section 401 of Whether reporters of Local Papers may be allowed to see the judgment?

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the Code of Criminal Procedure, 1973, challenge to the judgment is laid by the State only with respect to the .

directions qua compensation payable to the victim, under the provisions of the Himachal Pradesh (Victim of Crime) Compensation Scheme, 2012, so framed under Section 357A of the Code of Criminal Procedure. Relevant portion of the directions are reproduced as under:-

"101 The amount of fine, on its realization, is ordered to be given to the injured. Directing the State to give a fixed amount as compensation under the provisions of H.P. (Victim of Crime) Compensation Scheme 2012 framed under Section 357-A of the Cr.P.C. would not meet the ends of justice. Keeping in view the age of the injured. Being guided by the decision of Hon'ble Apex Court reported as Taken alias Tek Ram versus State of Madhaya Pradesh (Now Chattisgarh) reported as (2016) 4 Supreme Court Case 461 & decision of Hon'ble High Court of H.P. in criminal appeal No. 95 of 2016, titled as Vinod alias Dinesh vs. State of H.P., the State of H.P. is directed to pay a sum of `10,000/-

(ten thousand) per month as victim compensation amount to Sh. Pinku Ram till his life time. This amount is ordered to be deposited by the State in the bank account of the victim Pinku Ram on or before 10th day of every month.

102. State is further directed to keep the victim Pinku Ram in shelter home/old age home ::: Downloaded on - 04/04/2018 22:52:11 :::HCHP 3 during his life time if the victim choses so. In case, the victim choses to live in the shelter home/old age .

home, situated near his house, being run by the State government, in that eventuality, the amount of monthly victim compensation shall be reduced to `5,000/-P.M.

103. The above order regarding the payment of monthly victim compensation has been ordered keeping in view the fact that no amount of money can mitigate the miseries of injured Pinku Ram.

104. Copy of this judgment be sent to worthy Member Secretary H.P. State Legal Services Authority, Shimla for taking up the matter regarding the compensation with State government."

3. As per the Himachal Pradesh (Victim of Crime) Compensation Scheme, 2012, the victim in question who suffers 100% disability on account of acid attack is entitled to compensation of `3,00,000/- (rupees three lacs).

4. One notices that the Government of India, Ministry of Home Affairs, vide communication dated 16.2.2018 has already conveyed approval modifying the said Scheme whereby word 'maximum' stands amended as 'minimum', meaning thereby that minimum amount which the victim in question, who is above 14 years of age, is entitled to a sum of `3,00,000/- (rupees three lacs). Now in ::: Downloaded on - 04/04/2018 22:52:11 :::HCHP 4 the instant case undisputedly injuries sustained by the victim, who is an adult, on the face, has resulted into total .

disfigurement and as such this Court is of the considered view that the victim should be at least entitled to a sum of `8,00,000/- (rupees eight lacs) which is the figure proposed by the National Legal Services Authority under the Scheme under consideration termed as 'Victim Compensation for Survivors of Sexual Assault and Acid Attack, 2018.

5. As such, the impugned judgment is modified to the extent that the victim, subject matter of the present FIR No. 237/2014, dated 3.12.2014, registered at Police Station West, Shimla, H.P., shall be entitled to an amount of `8,00,000/- (rupees eight lacs) being the upper limit of compensation, instead of `10,000/- (rupees ten thousand) per month.

With the aforesaid observations, present petition stands disposed of, so also the pending applications, if any.

(Sanjay Karol), Acting Chief Justice.

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