Gauhati High CourtMajeda Khatun vs The State Of Assam And 3 Ors on 20 January, 2022Author:Devashis BaruahBench:Devashis BaruahPage No.# 1/4\n\nGAHC010149092021\n\n\n\n\n                      THE GAUHATI HIGH COURT\n  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)\n\n                         Case No. : WP(C)/4859/2021\n\n\n         MAJEDA KHATUN\n         W/O LT. ALI AKBAR\n         VILL- BESIMARI\n         P.O. CHALANTAPARA\n         P.S. JOGHIGOPA\n         DIST. BONGAIGAON\n         ASSAM\n\n\n          VERSUS\n\n         THE STATE OF ASSAM AND 3 ORS\n         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM\n         HOME AND POLITICAL DEPARTMENT\n         DISPUR\n         GUWAHATI-6.\n\n         2:THE ASSAM STATE LEGAL SERVICES AUTHORITY\n         REP. BY ITS MEMBER SECRETARY\n          GUWAHATI-01.\n\n         3:THE DISTRICT LEGAL SERVICES AUTHORITY\n         BONGAIGAON\n         ASSAM\n         REP. BY ITS SECRETARY\n         P.O.\n         P.S. AND DIST. BONGAIGAON\n         ASSAM\n         PIN-783380\n\n         4:THE CHAIRMAN\n         DISTRICT LEGAL SERVICES AUTHORITY\n         BONGAIGAON\n         ASSAM\n                                                                           Page No.# 2/4\n\n           P.O.\n           P.S. AND DIST. BONGAIGAON\n           ASSAM\n           PIN-783380\n           ------------\n           Advocate for : MR. M U MONDAL\n           Advocate for : GA\n           ASSAM appearing for THE STATE OF ASSAM AND 3 ORS\n\n\n\n                                   BEFORE\n                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH\n\n                                       ORDERDate : 20-01-2022\n\n               Heard Mr. M.U. Mondal, learned counsel for the petitioner and Mr. K\n      Gogoi, learned Additional Senior Government Advocate appearing for all the\n      respondents.The case of the petitioner is that the son and daughter of the\n      petitioner namely, Aleya Begum and Romjan Ali were murdered on\n      15.02.2009 for which an FIR was lodged on the same day which was\n      registered and numbered as Joghigopa PS Case No.30/2009 undersections\n      302IPC. Subsequent to the investigation being carried out, charge-sheet\n      was filed against the accused person undersection 302IPC. The case was\n      thereupon committed by Judicial Magistrate First Class, North Salmara\n      Abhayapuri to the Court of District & Sessions Judge, Bongaigaon which\n      was registered and numbered as Sessions Case No.67(J)/2014. The trial\n      Court after taking evidence and hearing the parties, passed the judgment\n      and order dated 03.08.2015 whereby the accused person was acquitted on\n      benefit of doubt\n\n               The learned counsel for the petitioner draws the attention of this\n      Court to the provisions ofSection 357 (A)Cr.P.C. which is quoted as\n      hereunder:Page No.# 3/4\n\n           357A. Victim Compensation Scheme\n\n        (1)         Every State Government in coordination with the Central\n        Government shall prepare a scheme for providing funds for the purpose\n        of compensation to the victim or his dependents who have suffered loss\n        or injury as a result of the crime and who require rehabilitation.\n        (2)        Whenever a recommendation is made by the Court for\n        compensation, the District legal Services Authority or the State Legal\n        service Authority, as the case may be, shall decide the quantum of\n        compensation to be awarded under the scheme referred to in sub-\n        section (1).(3)        If the trial Court, at the conclusion of the trial, is satisfied that\n        the compensation awarded undersection 357is not adequate for such\n        rehabilitation, or where the cases end in acquittal or discharge and the\n        victim has to be rehabilitated, it may make recommendation for\n        compensation\n        (4)         Where the offender is not traced or identified, but the victim\n        is identified and where no trial takes place, the victim or his dependents\n        may make an application to the state or the District legal Services\n        Authority for award of compensation\n        (5)        On receipt of such recommendations or on the application\n        under sub-section (4) the State or the District legal Services Authority\n        shall, after due enquiry award adequate compensation by completing\n        the enquiry within two months.(6)         The State or the District Legal Services Authority, as the case\n        may be, to alleviate the suffering of the victim, may order for immediate\n        first-aid facility or medical benefits to be made available free of cost on\n        the certificate of the police officer not below the rank of the officer in\n        charge of the police station or a Magistrate of the area concerned, or\n        any other interim relief as the appropriate authority deems fit.He submits that in terms withSection 357ACr.P.C., the\nGovernment of Assam has framed the Assam Victim Compensation Scheme\n2012. Vide the notification dated 01.02.2019 which have been enclosed as\nAnnexure-2 to the writ petition, the quantum of compensation has been\nincreased by amending the Schedule of the Assam Victim Compensation\nScheme 2012. He submits that in the case of death the amount of\n                                                                                Page No.# 4/4\n\n      compensation is presently Rs.5,00,000/- (five lakhs). He further submits\n      that the petitioner on coming to learn about the said scheme filed a\n      representation before the Hon'ble Member Secretary Assam State Legal\n      Services Authority on 23.03.2021 claiming the said compensation but the\n      said compensation has not yet been awarded or paid to the petitioner for\n      which the petitioner has filed the instant writ petition underArticle 226of\n      the constitution of India.This is a case where crime was committed and as a result of the\n      crime, the petitioner's son and daughter lost their lives. It is another matter\n      that in the trial that ensued the accused persons were acquitted but that\n      does not in any manner negate the factor of commission of crime or the\n      resulting loss or injury suffered by the dependent in this case, mother\n      (petitioner) as a result of the crime.Section 357ACr.P.C provides for\n      compensation to the victim of such crime or the dependent of the victim\n      who suffered loss or injury as a result of the crime and who requires\n      rehabilitation.That being the position, the respondent No.3 i.e., the Secretary\n      District legal Services Authority, Bongaigaon is directed to take up the claim\n      of the petitioner for victim compensation undersection 357ACr.P.C and\n      after due enquiry and verification if it is found that the petitioner is entitled\n      to the amount for claim may award compensation to the petitioner keeping\n      in mind the Government notification dated 01.02.2019 within a period of 2\n      (two) months from the date of receipt of a certified copy of this order.The writ petition is accordingly disposed of.JUDGE\n\n\n\nComparing Assistant