Trial Court has to recommend the DLSA to decide and award the compensation but should not decide the quantum of Compensation

Harshit Sharma | Amity Law School, Madhya Pradesh | 31st January 2020

Karnataka State Legal Services Authority V/s. State of Karnataka & Anr. CRIMINAL REVISION PETITION No.306 of 2018

FACTS OF THE CASE

1. The present Criminal Revision Petition is filed by the Karnataka State Legal Services Authority (‘KSLSA’) being aggrieved by the order of the LIII Additional City Civil & Sessions Judge, Bangalore (hereinafter referred to as ‘Trial Court’) passed in Spl.CC.No.431/2017, dated 02.11.2017, directing the KSLSA to pay compensation of Rs.35,000/- to the victim.
2. The case of the petitioner/KSLSA is that respondent No.1/Police filed charge sheet against respondent No.2- accused for the offence punishable under Section 354-A of Indian Penal Code, 1860 (for short ‘IPC’) and Sections 7 and 8 of Protection of Children from Sexual Offence Act, 2012 (for short ‘POCSO Act’). The Trial Court, after framing the charges against respondent No.2/accused and during the course of trial, on the application filed by the public prosecutor, altered the charges in respect of Section 354-A of IPC and discharged respondent No.2/accused for the offence punishable under the POCSO Act. 
3. After the trial, the Trial Court found the accused guilty and sentenced respondent No.2/accused to undergo rigorous imprisonment for a period of 4 months and to pay fine of Rs.15,000/-, in default, to undergo simple imprisonment for two months. 
4. The Trial Court further directed to pay compensation after collecting fine amount from the accused and gave set-off under Section 428 of Cr.P.C. for the sentence already undergone by the accused. Further, 4 relying upon the provisions of Rule 7(2) and Rule 7(4) of the Protection of Children from Sexual Offence Rules, 2012 (for short ‘POCSO Rules’), the Trial Court directed the KSLSA to pay the compensation of Rs.35,000/- in addition to the compensation already awarded under Section 357 of Code of Criminal Procedure, (for short ‘Cr.P.C.’). The same is challenged by the KSLSA before this Court in this revision petition.

ISSUES RAISED

1. Whether the Trial Court has power to fix the quantum of compensation under the POCSO Act or under Section 357-A of Cr.P.C., by ignoring the POCSO Rules and the Karnataka Victim Compensation Scheme, 2011?

THE RULING OF THE COURT/ THE COURT HELD THAT

Justice K Natarajan, allowed the revision petition led by Karnataka State Legal Services Authority, (KSLSA), challenging and order passed by the trial court, directing KSLSA to pay additional compensation of Rs 35,000, under POCSO rules, to a victim. The court said “KSLSA has rightly argued that the special court ought not to have quantified or decided the compensation under section 357A of CrPC or under the POCSO rules, by ignoring the schedule mentioned in the victim compensation scheme, 2011.” The Court also observed the following: 

1. “Under Rule 7(2) of the POCSO Rules, the Court has power to recommend the award of compensation where the accused is convicted, or where the case ends in acquittal or even discharge or the accused is not traced or 13 identified. Thereby, even if the accused is discharged from POCSO charges, the special court has power to recommend the award of compensation under the POCSO Act.”
2. “However, the Trial court/Special court has to recommend the DLSA/SLSA to decide and award the compensation in accordance with the POCSO Rules or the Victim compensation Scheme 2011, but should not decide the quantum of compensation which is against the provisions of Section 357-A(2) and (5) of Cr.P.C.”
3. “On a bare reading of sub-Rule (4) of Rule 7, the quantum of compensation to be awarded to the victim shall not exceed the maximum limit specified in the Schedule and as per Rule 7(3) the quantum of compensation shall be decided by the District Legal Service Authority (DLSA/SLSA). Such being the case, the Trial Court without application of mind and when the victim has not at all sustained any injury and the question of awarding and deciding the quantum of compensation under Section 357-A of Cr.P.C., at Rs.35,000/- and directing the KSLSA to pay compensation is not correct which is against Rule 7(3) and 7(4) of the POCSO Rules.”
4. “The Trial Court has to recommend the victim to approach the DLSA/SLSA under Section 357-A or under the POCSO Rules or under the Victim Compensation Scheme for seeking/getting compensation as per the Victim Compensation Scheme, 2011, in addition to the compensation awarded under Section 357 of Cr.P.C. Therefore, the learned counsel for the KSLSA has rightly argued that the special Court ought not to have quantified or decided the compensation under Section 357-A of Cr.P.C. or under the POCSO Rules by ignoring the Schedule mentioned in the Victim Compensation Scheme, 2011. Thus, the order is liable to be set aside.”