Taking serious note of rape victims turning hostile during trial of the case, the Lucknow bench of the Allahabad high court has directed the state government to recover compensation amount paid to them in such a scenario.
Rape victims get compensation under several categories of the Protection of Children from Sexual Offences (POCSO) Act, 2012. A single judge bench of Justice Brij Raj Singh on April 11 observed: “The question has cropped up before me as to whether the rape victim who has become hostile is entitled to retain the amount of compensation.”
“In my opinion, if the victim has become hostile and does not support the prosecution case at all, it is appropriate to recover the amount if paid to the victim,” the court said. “The victim is the person who comes before the court and during trial if she denies the allegation of rape and becomes hostile, there is no justification to keep the amount of compensation provided by the State Government,” the court observed.
“The state exchequer cannot be burdened like this and there is all possibility of misuse of the laws,” the court added. “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 said.
{{/usCountry}}“The state exchequer cannot be burdened like this and there is all possibility of misuse of the laws,” the court added. “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 said.
{{/usCountry}}“Therefore, considering the above aspect of the matter, 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,” the court observed.
“Let necessary exercise be done within a period of three months,” the court ordered. It ordered the senior registrar of the high court to send a copy of the order to the chief secretary for necessary compliance. The court listed the case for second week of August for the additional government advocate to submit progress report. Appearing on behalf of the state government, Rajesh Kumar Singh, additional government advocate, apprised the court about misuse of the law related with compensation to rape victims.
The court passed the order while allowing bail to Jeetan Lodh alias Jitendra who had been in jail since May 20, 2022, in a rape case under several sections of the IPC and POCSO Act. The FIR was lodged at Gangaghat police station of Unnao district. Jeetan applied for bail after the victim turned hostile.