The Allahabad High Court has recently ordered the State government to recover compensation paid to the rape victims who have turned hostile during the trial.
Notably, while hearing a bail application, Justice Brij Raj Singh observed that the minor victim in the case turned hostile.
The order stated that “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 paid to the victim. The victim is the person who comes before the Court and during the 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 judge stated that the state exchequer can’t 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.”
Thus, the Court directed the State to pass appropriate orders & issue necessary directions to the authorities concerned to recover the amount of compensation paid in cases where the victim has turned hostile during the trial. It granted 3 months to the State to undertake this exercise.
The Bench heard 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 doesn’t remember who raped her since she had not seen the perpetrator’s face at the time of the incident.
Therefore, even the victim’s brother, who lodged the complaint in the case, retracted his statements recorded before the magistrate.
Considering these facts, the Court granted bail to the accused.
