STATE Vs. BAVA BHURDEEN

JUDGEMENT

(1.) This criminal appeal is filed against the order passed by the learned III Additional District and Sessions (PCR) Court in Spl.SC.No.8/2013 dated 10.02.2017 only insofar as the paragraph 61 is concerned, namely, grant of compensation and also payment of pension to the mother of the victim girl, the third respondent herein at Rs.3,000/- per month from 25.11.2011.

(2.) The only point of challenge in the appeal before this Court is that the incident has occurred on 27.11.2011, whereas the Ministry of Social Justice and Empowerment has issued amended notification only on 23.12.2011 providing for enhanced compensation of Rs.5,00,000/-. According to the learned Additional Public Prosecutor, since the amended notification came in only on 23.12.2011 and amended Rules came into force only on 14.04.2016, the said enhanced compensation could not have been ordered to be payable to the victim girl and her family for the incident which is said to have occurred before the amended notification was issued. According to the learned Additional Public Prosecutor, the trial Court has failed to appreciate the crucial date of implementation of the amended notification and ordered Rs.5,00,000/- compensation which was illegal and unenforceable and hence, it calls for interference by this Court.

(3.) Per contra, the learned counsel appearing for the victim respondent would submit that the trial Court has passed final order ordering compensation only on 10.02.2017 and on that date, amended provision was very much in existence and therefore, it is well within the discretion of the trial Court to order Rs.5,00,000/- as compensation as provided under the amended notification. The enactment of the SC/ ST Act is a beneficial legislation and this Court has adopted a purposeful interpretation of the same to extend the benefit of legislation to the victim's family. Although the incident appears to have occurred prior to the amended notification, the trial Court order came to be passed only after the amended notification and therefore, there was nothing wrong in the trial Court passing the order awarding the enhanced compensation. The learned counsel for the victim respondent would rely on the decision of this Court made in Crl.O.P(MD)No.9209 of 2017 dated 27.09.2019. The learned counsel would draw the attention of this Court in paragraphs 9 to 11 of the said order, which extracted herein:-