Rape charge unproved, yet girl to get Rs 3-lakh damages

  • Shailee Dogra, Hindustan Times, Chandigarh
  • Updated: Feb 11, 2015 10:00 IST

Coming to the aid of the 17-year-old girl, who had alleged rape by five UT policemen, who were later acquitted, chief judicial magistrate Anubhav Sharma has directed the UT administration to pay Rs 3 lakh as compensation to the girl under the UT’s victim compensation scheme.

Considering the victim turning hostile, the court had acquitted the 5 UT police cops from the rape and molestation charges.

“The circumstances make it apparent that the accused may have been given benefit of doubt, but the matter of fact remains that the girl is a victim of sexual offence which remains unproved,” reads the order holding the 17-year-old entitled to financial assistance of Rs 3 lakh for purpose of rehabilitation.

The court held, “To give benefit under the victim compensation scheme all that is necessary is that the person should have suffered loss or injury. Even if the accused benefitted for the reason that the prosecution failed to prove their guilt, the victim is entitled to compensation.”

The victim in her application had told the court that she was threatened by the accused cops and had to change her house apart from losing the part-time job she was doing to financially support her family.

Five UT police constables — Jagtar Singh, 23; Akshay, 24; Sunil Kumar, 23; Himmat Singh, 24; and Anil, 25; were arrested and dismissed from service on December 19, 2013, after allegations of raping and molesting the minor girl for months.

However, the victim turned hostile during the trial facilitating their acquittal. While recording her statement, she had admitted of having a relationship with Akshay and denied having been raped.

She had also failed to identify the other accused — Sunil who was booked on charges of rape and co-accused Jagtar Singh, Himmat Singh and Anil, who were booked on charges of molesting her for months.

21 applications received so far

As per the directions of the Supreme Court and following amendments in the Code of Criminal Procedure (CrPC), every state was to set up a compensation scheme to provide financial aid to victims of various crimes.

State Legal Services Authority (SLSA) has received 21 applications since the scheme was launched in April 2013.

Seven applications have been disposed of in which three acid attack victims, kin of an accident victim, a rape victim, murder victim’s kin and a women burnt by in-laws have been given compensation.

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