Allahabad HC Orders State To Recover Compensation Paid To Rape Victims

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.

Meera Verma

Recent Posts

Shivaji Statue Collapse Case: Bombay HC Grants Bail To Consultant Chetan Patil

The Bombay High Court granted bail to consultant Chetan Patil on Thursday in connection with…

4 minutes ago

Excise Policy Case: Delhi HC Refuses To Stay Trial Against Arvind Kejriwal

The Delhi High Court on Thursday declined to stay the trial proceedings against former Delhi…

55 minutes ago

AP Assembly Passes Resolution To Set Up HC Bench In Kurnool

The Andhra Pradesh Assembly on Thursday passed a resolution to establish a permanent High Court…

1 hour ago

Lesbian Couple Desiring Child Gets Bail In Kidnapping Of Minor Girl

The Bombay High Court on Thursday granted bail to a lesbian couple arrested for allegedly…

2 hours ago

“Formulate Proposal To Address Inter-State Trafficking Of Bonded Labourers”: SC To Centre

The Supreme Court on Thursday directed the Centre to convene a meeting with all states…

2 hours ago

Bribery Case: Rahul Gandhi Demands Adani’s Arrest After US Indictment

Congress MP Rahul Gandhi on Thursday demanded the arrest of Adani Group Chairman Gautam Adani…

3 hours ago