Allahabad High Court orders State to recover compensation paid to rape victims who turn hostile during trial

In a significant order, the Allahabad High Court recently ordered the State government to recover the compensation paid to rape victims who have turned hostile during the trial [Jeetan Lodh alias Jeetendra v. State of UP]..While hearing a bail application, Justice Brij Raj Singh noted that the minor victim in the case had turned hostile."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 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 order stated.The state exchequer, the judge said, cannot be burdened like this and there is all possibility of misuse of laws. "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 thus directed the State to pass appropriate orders and issue necessary directions to the authorities concerned to recover the amount of compensation paid in cases where the victim has become hostile during trial. It granted three months to the State to undertake this exercise. .The Bench was hearing a bail application of an accused who was charged with rape and other relevant provisions of the Protection Of Children from Sexual Offences (POCSO) Act, by the Unnao Police. As per the facts of the case, the victim, while deposing before the special court, failed to identify the accused as the one who raped her. In fact, she told the Court that she does not remember who raped her since she had not seen the perpetrator's face at the time of incident. Even the victim's brother, who lodged the complaint in the case, retracted from his statements recorded before a magistrate. Considering these facts, the Court granted bail to the accused. .Advocates Pradyumn Shukla and Qasim Abbas Zaidi appeared for the petitioner. Additional Government Advocate Rajesh Kumar Singh represented the State. Advocate Arvind Mishra represented the complainant. .[Read order]