Final Order 2

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF MR. SANJAY GARG-I
PRINCIPAL DISTRICT & SESSIONS JUDGE,
NEW DELHI DISTRICT,
PATIALA HOUSE COURTS, NEW DELHI
M. No. 116/2023
FIR No.149/2022
PS RK Puram
U/s 376 IPC
State …... Complainant
Versus
Abhishek
….. Accused
Date of institution: 26.10.2023
Date of arguments: 10.11.2023
Date of order: 06.12.2023
Appearances:
Appellant with counsel Sh. Piyush Sachdev.
ORDER
1. Vide this appeal, the order impugned is dated
20.09.2023 of Ld. Secretary, New Delhi, DLSA, Patiala House
Courts vide which application moved by appellant for interim
compensation was rejected.
2. This appellant has moved an application u/s 357(A)
Cr.PC r/w Clause 10 of Victim Compensation Scheme 2018 being
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complainant victim in FIR no.149/22 PS R.K Puram u/s 376 IPC
seeking at least 25% of the total compensation of Rs.11,00,000/-.
On this application, District Victim Compensation Committee
(DVCC, New Delhi), after considering the statement of the
appellant being prosecutrix in the case, recorded before the Court,
rejected her request for interim compensation with the following
observations:-
“File was taken up in DVCC meeting dated
22.07.2023, when it was adjourned for calling the
copy of Statement of Evidence of the Prosecutrix.
Pursuant thereto, copy of Statement of Evidence of
the Prosecutrix has been received from Court
concerned.
The Committee has perused the record and
discussed the matter in detail.
The Committee is of the view that the
instant matter is about false promise of marriage
and love relation gone sour. Moreover, there are no
urgent medical needs of the victim. The victim has
also not expressed any requirement of medical
expenses. Hence, this committee is of unanimous
opinion that the aspect of compensation shall be
considered after the final judgment in the instant
matter. Accordingly, the interim compensation is
declined.
It is also clarified that the
applicant/prosecutrix has a right to challenge this
resolution before Chairperson of ND-DLSA within
30 days from receiving the copy of resolution/order.
Copy of resolution/order be supplied free
of cost to the applicant/prosecutrix against
acknowledgment.”
3. Heard Ld. Counsel for the appellant. Perused the record of
the legal aid and considered the various grounds of appeal.
4. Main ground of appeal raised is that DVCC did not take into
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the account the fact that the victim was pregnant at the time of this
application and during the pendency of application, she has
delivered a baby girl. Presently, victim having no means to take
care of her baby as because of her pregnancy, she has lost her job as
domestic help. The DVCC has failed to consider the fact that the
victim has two minor children who are also dependent upon her and
both children are made to leave the school. DVCC here in giving
the finding that there is no urgent medical need of the victim
whereas she has maximum need of the assistant from the State to
support herself and her new born baby child. The DVCC did not
take into consideration that the Ld. Trial Court had also
recommended that the victim be considered for interim
compensation in the light of her present situation. It is considered
that interim compensation to the tune of Rs. 2,75,000/- be allowed
to the victim.
5. I have gone through the record received from the DLSA,
evidence of the prosecutrix/victim/appellant recorded on
18.01.2023, statement of victim recorded before Secretary and
NDDLSA on 29.11.2022, MLC of Safdarjung Hospital as well as
copy of her statement recorded under Section 164 Cr.PC.
6. As per the Compensation Scheme for Women
Victims/Survivors of Sexual Assault/Other Crimes, 2018, Rule 8
provides the factors to be considered while awarding compensation
by District Legal Service Authority. It includes gravity of offence,
loss of employment as a result of offence, financial condition of the
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victim against whom the offence has been committed and whether
the victim became pregnant as a result of offence and gave birth to
a child including rehabilitation needs of such child etc. Further Rule
12 of this Scheme provides interim relief to the victim. Bare
reading of this Rule provides that the authority can order for
immediate first aid facility or medical benefits free of cost or any
other interim relief including interim monetary compensation, as
deemed appropriate, to alleviate the suffering of the victim. It
further provides that the interim relief to be granted shall not be less
than 25 % of the maximum compensation awarded as per schedule
applicable. Thus onus is upon the authority to dispense the
compensation which is to be paid out of the public funds only in
befitting ceases.
7. In the present case, as per the statement of the
prosecutrix/evidence recorded on 18.01.2023, the appellant has
stated that she got married in the year 2007 and got two children
from the said marriage. Her husband expired in 2017 and she used
to work as domestic help. She came on speaking terms with the
accused and they exchanged their mobile numbers. In December
2021, accused proposed her marriage and assured to take care of
her children. Accused had made physical relation with her in
October 2021. Accused continued to make physical relation with
her and they remained in relation for about four months. She
became pregnant out of this relationship. During her cross
examination, she has admitted that the accused had not forced her
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to do anything and physical relation was made with her consent and
without any force. Similar submissions has been made by the
appellant in MLC. In her statement dated 29.11.2022 recorded by
Ld. Secretary NDDLSA, appellant has stated that she did not incur
any medical expenses on her treatment.
8. It is in the background of these facts and circumstances,
discussed above, the Secretary and NDDLSA has passed the
impugned order observing that there is no urgent medical need of
the victim. It is relevant to mention here that aspect of the
compensation has been kept pending to be considered after the final
judgement in the instant matter. In my view, keeping in view the
various facts and circumstances discussed above, the application of
the appellant for interim compensation was rightly disallowed by
the committee. It is in the interest of justice that the aspect of
interim compensation/compensation be considered after final
judgment in the instant matter. Hence, I found no merit in the
various grounds of appeal. The appeal is thereby dismissed.
9. Copy of order be provided to the appellant free of cost.
Record of DLSA be sent back along with copy of this order.
File be consigned to record room after due compliance.
(Sanjay Garg-I)
Principal District & Sessions Judge
New Delhi District
Patiala House Courts/ND/06.12.2023(m)
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