The Supreme Court today directed all States and Union Territories to formulate a uniform scheme to compensate physically handicapped victims of rape or sexual exploitation..The direction was issued by a Division bench of Justices MY Eqbal and Arun Mishra in a case relating to rape of a blind girl. The case was an appeal by the convict against a decision of the Chhattisgarh upholding the punishment of 7 years imprisonment..By way of background, the accused was a friend of the victim’s brother. He had established physical relationship with her on the pretext of marriage. After the victim got pregnant, the accused did not keep his word. The trial court after appreciating the evidence found the accused guilty under Section 376 of IPC and sentenced him to 7 years rigorous imprisonment. The accused then appealed to the High Court which was rejected whereupon he moved the Supreme Court..The Supreme Court re-affirmed the judgment of the High Court. It then proceeded to examine the compensation which the victim would be entitled to under the Victim Compensation scheme framed by Chhattisgarh under Section 357-A of Code of Criminal Procedure..It observed that different States and Union Territories have framed different schemes and the compensation amount given to the victims under those scheme showed drastic variations ranging from Rs. 20, 000 to Rs. 10,00,000..It, therefore, directed the States and Union Territories to frame a uniform scheme from compensating handicapped victims of rape/ sexual exploitation..“All the States and Union Territories shall make all endeavour to formulate a uniform scheme for providing victim compensation in respect of rape/sexual exploitation with the physically handicapped women as required under the law taking into consideration the scheme framed by the State of Goa for rape victim compensation.”.It also directed the State government to pay Rs. 8,000 per month as compensation to the victim..Read the judgment:
The Supreme Court today directed all States and Union Territories to formulate a uniform scheme to compensate physically handicapped victims of rape or sexual exploitation..The direction was issued by a Division bench of Justices MY Eqbal and Arun Mishra in a case relating to rape of a blind girl. The case was an appeal by the convict against a decision of the Chhattisgarh upholding the punishment of 7 years imprisonment..By way of background, the accused was a friend of the victim’s brother. He had established physical relationship with her on the pretext of marriage. After the victim got pregnant, the accused did not keep his word. The trial court after appreciating the evidence found the accused guilty under Section 376 of IPC and sentenced him to 7 years rigorous imprisonment. The accused then appealed to the High Court which was rejected whereupon he moved the Supreme Court..The Supreme Court re-affirmed the judgment of the High Court. It then proceeded to examine the compensation which the victim would be entitled to under the Victim Compensation scheme framed by Chhattisgarh under Section 357-A of Code of Criminal Procedure..It observed that different States and Union Territories have framed different schemes and the compensation amount given to the victims under those scheme showed drastic variations ranging from Rs. 20, 000 to Rs. 10,00,000..It, therefore, directed the States and Union Territories to frame a uniform scheme from compensating handicapped victims of rape/ sexual exploitation..“All the States and Union Territories shall make all endeavour to formulate a uniform scheme for providing victim compensation in respect of rape/sexual exploitation with the physically handicapped women as required under the law taking into consideration the scheme framed by the State of Goa for rape victim compensation.”.It also directed the State government to pay Rs. 8,000 per month as compensation to the victim..Read the judgment: