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Trial Court orders Compensation for Victim of Rape – St. Vs. Mukesh @ Bittoo Etc

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NATIONAL LEGAL RESEARCH DESK

In the case of St. Vs. Mukesh @ Bittoo Etc., FIR No. 90/11, PS Jahangir Puri the trial Court in Rohini while convicting person for kidnapping and Rape awarded compensation to the victim. The Court said – “Coming now to the victim/ prosecutrix ‘R’, I may observe that the General Assembly of United Nations has recommended payment of compensation to the victims of crime by the State, when compensation is not fully available either from the offender or from other sources which includes the compensation to the victims of rape. It is laudable that the Government of NCT of Delhi has taken a lead and in terms of the the directions being issued by the Hon’ble Apex Court from time to time regarding compensation to the victims of rape, has now formulated a scheme for Restorative and Compensatory Justice to rape victims in respect of which I am informed that a draft notification has already been approved by the Lt. Governor, Delhi which scheme is likely to come into effect shortly. Till such time the scheme actually comes into effect the Courts of law are not helpless. The Hon’ble Supreme Court has time and again observed that the subordinate Courts trying the offences of rape have the jurisdiction to award the compensation to the victims of sexual abuse being an offence against the basic human right and violative of Article 21 of the Constitution of India. It has been so observed by Hon’ble Mr. Justice S. Saghir Ahmed and Justice Kuldip Singh (Ref: Bodhisattwa Gautam Vs.Subhra Chakraborty reported in AIR 1996 SC 922) that the jurisdiction to pay compensation (interim and final) has to be treated to be a part of the over all jurisdiction of the Courts trying the offences of rape which is an offence against basic human rights as also the Fundamental Rights of Personal Liberty and Life. The victim before this Court was hardly aged about 16-17 years at the time of incident when she was raped by the five convicts. She has a long standing history of neurological disorder and is still receiving treatment for the same from Kalawati Hospital as evident from her medical record placed before the Court. Rape of a minor not only affects her alone but such an incident has also a devastated impact on her entire family who equally suffers in silence. In an attempt to provide Restorative and Compensatory Justice to the victim who after the incident has discontinued her education and thereby requires State attention and rehabilitation. I hereby direct the GNCT of Delhi through Principal Secretary (Home) to grant an compensation to the tune of Rs.1,00,000/- (Rs. One lac) to the prosecutrix ‘R’ D/o Shakeel Ahmed, R/o House No. 1335, Gali Karkhane Wali, Tilak Bazar, Delhi-110006 [Ref.: Hari Kishan & State of Haryana Vs. Sukhbir Singh & Ors. reported in AIR 1988 SC 2127 and Bodhisattwa Gautam Vs. Subhra Chakraborty reported in AIR 1996 SC 922].”

Compensation for Rape and Kidnapping – St. Vs. Mukesh @ Bittoo

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