Court emphasizes prevention of compensation misuse by requiring victims' commitment against turning hostile or compromising with the accused
In a significant decision, the Madhya Pradesh High Court, Jabalpur Bench, presided over by Justice Vishal Mishra, has issued a directive aimed at curbing the misuse of compensation provisions under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995. The court has mandated that victims seeking compensation must submit an affidavit pledging not to turn hostile or enter into a compromise with the accused during the trial.
The judgment arose from a writ petition filed by a victim belonging to the Scheduled Tribe category. The petitioner had lodged an FIR against an accused for offenses under Sections 376, 376(2)(n), 506 of the Indian Penal Code (IPC), and Sections 3(1)(w)(i), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. Despite the filing of a charge-sheet, the petitioner claimed that the entitled compensation was not disbursed fully, with only Rs. 75,000 out of the Rs. 5,00,000 compensation being received.
The court acknowledged the statutory provision for compensation, which stipulates a phased disbursement: 50% post-medical examination and confirmatory report, 50% at the charge-sheet stage, and 25% upon trial conclusion. However, the court noted a troubling trend where victims often turn hostile or compromise with the accused after receiving compensation, undermining the judicial process and leading to acquittals.
To address this issue, the court ruled that victims must provide an affidavit to the authorities affirming their commitment to not compromise or turn hostile. This affidavit must be submitted within 15 days, after which the authorities are instructed to process the compensation application within 30 days, contingent upon compliance with the affidavit requirement.
Further, the court stipulated that if a victim turns hostile, the received compensation must be refunded to the state within 30 days of the trial court's judgment. Failure to do so would empower authorities to recover the amount under the relevant provisions of the Madhya Pradesh Land Revenue Code (M.P.L.R.C.). Additionally, the trial court has been directed to consider taking cognizance against victims for filing false or frivolous cases if they turn hostile.
This judgment underscores the court’s commitment to ensuring accountability and preventing the misuse of public funds allocated for the victims of atrocities under the SC/ST Act.
Bottom line:-
Compensation under SC/ST (Prevention of Atrocities) Rules, 1995 - Victim required to submit an affidavit stating she will not turn hostile or compromise with accused - Compensation disbursement contingent upon submission of affidavit.
Statutory provision(s): Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Indian Penal Code (Sections 376, 376(2)(n), 506)
Victim v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2928131
