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2025 DIGILAW 1557 (BOM)

XYZ v. State of Maharashtra

2025-12-12

GAUTAM A.ANKHAD, SHREE CHANDRASHEKHAR

body2025
JUDGMENT : 1. Pursuant to the order dated 5 th December 2025, following prayers have been added on behalf of the petitioner in this Criminal Writ Petition :- “a-1. Pending the adjudication of the matter, direct the Maharashtra State Legal Services Authority (MALSA) or the District Legal Services Authority (DLSA) to award interim compensation to the Petitioner/Victim under the `Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimies, 2018’/Manodhairya Yojna Circular dated January 1, 2024 whichever is in the best interest of the Petitioner/Victim; a-2 Direct the Maharashtra Legal Services Authority (MALSA) or the District Legal Services Authority (DLSA) to award final compensation to the Petitioner/Victim under the `Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimies, 2018’/Manodhairya Yojna Circular dated January 1, 2024 whichever is in the best interest of the Petitioner/Victim; a-3 Direct the National Legal Services Authority (NALSA), Maharashtra State Legal Services Authority (MALSA) or the District Legal Services Authority (DLSA) to award final compensation to the Petitioner/Victim under the `Compensation Scheme for Women Victims/Survivors of Sexual Assault/ other Crimies, 2018’/ Manodhairya Yojna Circular dated January 1, 2024 whichever is in the best interest of the Petitioner/Victim; a-4 Direct the National Legal Services Authority (NALSA)/ Maharashtra State Legal Services Authority (MALSA)/the District Legal Services Authority (DLSA) to assist the Petitioner/Victim in obtaining employment, inter alia, under the `Compensation Scheme for Women Victims/Survivors of Sexual Assault/ other Crimies, 2018’/ Manodhairya Yojna Circular dated January 1, 2024 whichever is in the best interest of the Petitioner/Victim;” 2. Ms. Mahalaxmi Ganpathy, the learned Additional Public Prosecutor tendering a copy of the order/communication dated 11 th December 2025 which is purportedly made under the Maharashtra Scheme for Providing Victim Compensation to Women Victims/Survivors of Sexual Assault – 2022, submits that after taking into consideration 13-point riders, a decision has been taken to offer Rs.4,00,000/- (Rupees Four Lakh only) as final compensation to the petitioner (name is masked and hereinafter referred to as “X”). The said copy of order/communication and its English translation are taken on record. The learned Additional Public Prosecutor also tenders copy of NALSA’s Compensation Scheme for Women Victims/ Survivors of Sexual Assault/other Crimes-2018 and the Notification dated 25 th January 2022 issued by the Home Department, Government of Maharashtra which are taken on record. 3. On instructions from “X” who is present in the Court proceedings, Ms. The learned Additional Public Prosecutor also tenders copy of NALSA’s Compensation Scheme for Women Victims/ Survivors of Sexual Assault/other Crimes-2018 and the Notification dated 25 th January 2022 issued by the Home Department, Government of Maharashtra which are taken on record. 3. On instructions from “X” who is present in the Court proceedings, Ms. Yugandhara Khanwilkar, the learned Amicus submits that “X” has agreed to accept the compensation so provided to her as indicated in the order/communication dated 11 th December 2025 subject to her objections that the respondent-Authority did not consider many of the factors under 13-point riders. The learned Amicus would submit that this is not the intention behind framing of the Victim Compensation Scheme that a victim of crime must satisfy all 13 criterion indicated under the scheme rather a holistic view has to be taken to arrive at a conclusion whether the victim is entitled for maximum compensation. The learned Amicus has taken exception to the award of minimum compensation to “X” whereas, according to her, “X” is entitled for maximum compensation under the aforementioned scheme in the circumstances of the case, such as, the dislocation, loss of job opportunity, mental trauma, harassment of a criminal trial, financial difficulties etc. 4. Post this matter on 9 th January 2026 at 4:30 p.m. in-camera. 5. In the meantime, an amount of Rs.1,00,000/- (Rupees One Lakh only) shall be credited in the Bank Account of “X”, that is, S.B. Account No. 921010037945171, IFSC No.UTIB0004683, Axis Bank, Poonam Nagar Branch, Andheri (East), Mumbai within one week. The remaining amount of Rs.3,00,000/- (Rupees Three Lakh only) shall be put in a fixed deposit in the same bank account initially for the period of 90 days subject to permission to withdraw a part of the amount on making an application by “X”. 6. The learned Amicus submits that she would prepare a chart of the schemes, shelter homes, job opportunities etc. as prevalent in other States. 7. The Member Secretary of Maharashtra State Legal Services Authority is directed to take assistance of Ms. Yugandhara Khanwilkar for exploring the possibility of engagement/part-time engagement of “X” under the Legal Services such as Para-Legal Volunteer, Mediator, Member of Lok Adalat etc. 8. Permission is granted to “X” to file objection/additional affidavit to Application No.1 of 2025. 7. The Member Secretary of Maharashtra State Legal Services Authority is directed to take assistance of Ms. Yugandhara Khanwilkar for exploring the possibility of engagement/part-time engagement of “X” under the Legal Services such as Para-Legal Volunteer, Mediator, Member of Lok Adalat etc. 8. Permission is granted to “X” to file objection/additional affidavit to Application No.1 of 2025. All Authorities, including the Bank Authorities, shall remain conscious at all times not to publish the name of “X” in any manner whatsoever in any transaction etc. 9. The Member Secretary of Maharashtra State Legal Services Authority shall also ensure that “X” gets proper assistance and help for her overall well-being under the schemes like “Ek Sakhi.”