DEVJI @ BABU RAMJI MAYATRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Nikhil Kariel, learned advocate for the applicant, Mr.P.V.Patadiya, learned advocate for the victim and Ms. Shruti S.Pathak, learned APP for the respondent- State of Gujarat.

(2.) Mr.P.V.Patadiya, learned advocate for the victim- respondent NO.1 has placed on record notification dated 2.1.2016, issued by Home Department, Sachivalaya, Gandhinagar in exercise of powers conferred under Section 357A of the Code of Criminal Procedure, 1973 and in suppression of the Government Notification, Home Department No.GG/42/SB.2/COM/132011/GAD/165605, dated the 19th April, 2014, the Government of Gujarat hereby makes the following scheme for providing funds for compensation to the victims or their dependents, who have suffered loss or injury on account of offence against body and who require rehabilitation namely, Clause 2 (e) "Victim" means a person who has suffered loss or injury as a result of crime and requires rehabilitation and the expression victim includes his/her dependents. Clause 3 empowers and also cast a duty upon the Government to constitute a fund to be known as Victim Compensation Fund' from which amount of compensation under this scheme shall be paid to the victim or his/her dependents and that State Government shall have to allot the separate budget for this scheme every year and the fund is placed at the disposal of the Secretary to the Government of Gujarat, Legal Department, Block No.4, Sardar Bhavan, Sachivalaya, Gandhinagar. Clause 4 however prescribes eligibility for receiving compensation by a victim or his dependents and Clause 5 is about procedure for grant of compensation to a victim other than that of acid attack and Clause 6 is procedure for grant of compensation to a victim in case of acid attack.

(3.) Schedule prepared under Rule 5 (8) of the Rules provide for particulars of loss or injury and maximum limit of compensation. Surprisingly maximum limit of compensation of loss of life is fixed to Rs.1,50,000/-, for a victim of a rape Rs.1,00,000/- and in case of acid victim the upper limit is Rs.3,00,000/-.