New Delhi: The Supreme Court has directed all trial courts to order victim compensation to women and minor children in cases of sexual assault and other such cases, which involve bodily injuries, while passing judgments, saying it is necessary to ensure that the victim is paid the compensation at the earliest.
A bench comprising justices BV Nagarathna and Pankaj Mithal, in an order passed on Monday, said: “We direct that a sessions court, which adjudicates a case concerning the bodily injuries such as sexual assault etc. particularly on minor children and women shall order for victim compensation to be paid having regard to the facts and circumstances of the case and based on the evidence on record while passing the judgment either convicting or acquitting the accused”.
“Secondly, the said direction must be implemented by the District Legal Services Authority or State Legal Services Authority, as the case may be, in letter and spirit and in the quickest manner and to ensure that the victim is paid the compensation at the earliest”, added the bench.
The bench said there can also be a direction for payment of interim compensation which could be made by the sessions court depending upon the facts of each case.
“For the purpose of implementing the said provision in letter and spirit we direct that a copy of this order be circulated by the Registry of this Court to all the High Courts…”, said the bench.
The apex court said the high courts should transmit the said order to all the principal district judges in all the districts of the respective states and for onward transmission to the session judges dealing with such matters, who are under an obligation to order victim compensation in an appropriate case.
The apex court passed the direction while allowing a plea by a man seeking suspension of sentence and release on bail. The man was convicted of rape and assault under various provisions of the IPC and the Protection of Children from Sexual Offences Act (POCSO Act). “We, therefore, direct that the appellant be produced before the concerned Sessions Court as early as possible and the Sessions Court shall release him on bail, subject to such conditions as it may deem appropriate to impose”, said the bench.
The bench took note of submissions of senior advocate Sanjay Hegde, amicus curiae in the matter. “As far as the other submissions of Amicus Curiae are concerned, we note that Section 357-A specifically speaks of a victim compensation scheme and under the said provision, it is noted that direction for payment of victim compensation is to be implemented by the District Legal Services Authority or the State Legal Services Authority, as the case may be, and the compensation has to be released to the victim as early as permissible”, the bench noted in its order.
The apex court noted that the accused had already undergone half of the 20-year sentence imposed on him and a co-accused in the case had been released on bail by the high court. “the appellant has already completed a little more than half the sentence imposed by the Sessions Court. There is no likelihood of the sentence being enhanced as such by the High Court. In the circumstances, we find that the appellant is entitled to suspension of sentence and release on bail”, said the bench.
