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2015 DIGILAW 528 (PNJ)

Mukesh Devi v. State of Haryana

2015-03-29

RAKESH KUMAR JAIN

body2015
JUDGMENT Mr. Rakesh Kumar Jain, J.:- The petitioner, who was a victim of attempt to rape, made an application to the District Legal Services Authority, Rewari under the Haryana Victim Compensation Scheme, 2013 (hereinafter referred to as the “Scheme”) for award of compensation. The said application was allowed on 29.12.2014, awarding compensation of Rs.50,000/- to the petitioner. Aggrieved against that order, the petitioner filed an appeal before the Member Secretary, Haryana State Legal Services Authority-cum-Appellate Authority under the Scheme. The said appeal was dismissed on 28.07.2015 and hence, the present petition has been filed. 2. Counsel for the petitioner has submitted that as per the Scheme, in case of rape, the compensation to be awarded to the victim is Rs.3 lacs, whereas in case of loss or injury causing severe mental agony to women and child victims in cases like human trafficking, kidnapping and molestation etc., the compensation is of Rs.50,000/-. It is sought to be argued that the rape would also include the attempt to rape, therefore, the petitioner is entitled to Rs.3 lacs as compensation instead of Rs.50,000/-. 3. I have heard learned counsel for the parties and perused the available record. 4. The compensation is to be awarded as per Schedule-I of the Scheme, which is reproduced as under:- Sr. No. Particular of loss or Injury Maximum Limit of Compensation 1 2 3 4 1 Loss of Life a. Age 40 years or below 40 years. Rs.3 lacs b. Age about 40 years and up to 60 years Rs.2 lacs c. Age above 60 years. Rs.1 lacs 2 Loss of any limb or part of body (80%) including loss due to acid attack below 40 years. a. Age 40 years or Rs.2 lacs b. Age about 40 years and up to 60 years. Rs.1 lacs c. Age above 60 years. Rs.50,000/- 3 Loss of any limb or part of body (50%) including loss due to acid attack a. Age 40 years or below 40 years. Rs.1 lacs b. Age about 40 years and up to 60 years. Rs.50,000/- c. Age above 60 years. Rs.25,000/- 4 Rape Rs.3 lacs 5 Loss or injury causing severe mental agony to women and child victims in cases like human trafficking, kidnapping and molestation etc. Rs.50,000/- The following expenses shall be payable in additional to compensation outlined above. Rs.1 lacs b. Age about 40 years and up to 60 years. Rs.50,000/- c. Age above 60 years. Rs.25,000/- 4 Rape Rs.3 lacs 5 Loss or injury causing severe mental agony to women and child victims in cases like human trafficking, kidnapping and molestation etc. Rs.50,000/- The following expenses shall be payable in additional to compensation outlined above. (i) Funeral expenses Rs.2000/- (ii) Medical Expenses Actual expenses incurred before death or on account of injury  supported by bills/vouchers but not exceeding Rs.15,000/- 5. There is no dispute that the accused in FIR No.68 dated 25.04.2014, under Sections 376/511/506/323 IPC, registered at Police Station Khol has been convicted and sentenced by the Additional Sessions Judge, Rewari vide his judgment dated 22.10.2014/31.10.2014 under Sections 376/511 IPC for a period of 10 years with fine of Rs.5,000/- and under Section 506 IPC for one year with fine of Rs.1,000/-. Since the admitted case of the parties is that the accused in the aforesaid FIR has been convicted for the attempt to rape, therefore, the said act of the accused can be brought within the definition of molestation etc. for which the compensation has been fixed as Rs.50,000/- and cannot be termed as ‘rape’ for the award of compensation of Rs.3 lacs. 6. Consequently, I do not find any error in the impugned order(s) and hence, the present petition is hereby dismissed being denuded of any merit.