XXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This victim appeal is filed challenging an order passed by Court of Sessions, Pathanamthitta on 10/11/2021 in Criminal Miscellaneous Petition No.2137/2021 in S.C.No.245/2020 originated from Crime No.2058/2020 of Pandalam Police Station. An application was preferred by the petitioner before Court of Sessions, Pathanamthitta (for short 'the court below') seeking to get assistance of a counsel from Pathanamthitta Bar who is at present posted as Additional Public Prosecutor. The court has passed the order dismissing the prayer but was pleased to grant legal aid as envisaged under the Legal Services Authorities Act, 1987 by appointing Smt.Lathika Bhai to assist the petitioner. The said order is challenged in this Appeal.

(2.) According to the learned counsel Sub-sec. (12) of Sec. 15-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (POA) Act') entitles the petitioner to get assistance of a lawyer of her choice to contest her case. Sec. reads:

(3.) True that under the provisions of law extracted above, a victim of atrocities is entitled to get assistance from Non Government Organisations, Social workers or Advocates.