Issue Directions To Recover Compensation Paid To Rape Victims If The Victim Turned Hostile During Trial: Allahabad HC Tells State Govt
The Allahabad High Court has directed the State Government to pass appropriate orders and directions to the authorities concerned to recover the compensation paid to rape victims if they turned hostile during trial.
“…it is directed that the State Government will pass appropriate orders and issue necessary directions to the authorities concerned to recover the amount of compensation if paid, in the cases, where the victim has become hostile during trial and not supported the prosecution”, Justice Brij Raj Singh directed.
The Court observed that if the victim denies the allegation of rape and becomes hostile, there is no justification to keep the amount of compensation provided by the State Government.
“The State Exchequer cannot be burdened like this and there is all possibility of misuse of the laws. Therefore, in my opinion, the amount of compensation given to the victim or the family member, is liable to be recovered by the authorities concerned who have paid the compensation”, the Court added.
The Court gave this direction while granting bail to a rape accused after the Court was informed that the prosecutrix became hostile and that she has denied the allegation of rape against the accused-bail applicant.
“Considering the over all facts and circumstances of the case, particular the cross-examination version of the prosecutrix PW-2, who deposed before the Court that she could not identify the person who committed rape against her and the version of the brother who is complainant, who has also not supported the prosecution case, it is a fit case for bail.”, the Court noted.
Advocate Pradyumn Shukla appeared for the accused whereas AGA Rajesh Kumar Singh appeared for the State.
Before parting with the case, counsel for the State pointed out that in rape cases as well as sexual offence against minor, the victim and her family is provided financial assistance.
He submitted that in the present case, the prosecutrix has become hostile and she has denied the allegation of rape against the applicant. Thus, the compensation amount if any, paid to the victim or her family should be recovered back.
Thus the Court directed the State Government to pass directions to the authorities concerned to recover the amount of compensation if paid, in the cases, where the victim has become hostile during trial and not supported the prosecution.
Cause Title- Jeetan Lodh Alias Jitendra v. State Of U.P & 3 Ors.
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