VICTIM X Vs. STATE OF M.P.

JUDGEMENT

(1.) By this petition preferred under Article 226 of the Constitution of India the petitioner has prayed for a direction to the respondents to pay the relief amount to her as per the Schedule to the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the Act, 1989').

(2.) As per the petitioner, she belongs to the SC/ST community. An incident took place with her on 17/4/2020 within the limits of Police Station Tirla, District Dhar whereby offences punishable under Ss. 450, 342, 376, 376-D, 506 of the IPC read with Sec. 3(1)(w)(i) and 3(2)(v) of the Act, 1989 were committed upon her. Upon completion of the investigation chargesheet was filed on 16/6/2020. On 10/8/2020 the Tribal Welfare Department, District Coordinator, Dhar transferred an amount of Rs.2,06,250.00 in petitioner's account which represents only a part of the total entitled relief amount under the Act, 1989 and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 ('the Rules, 1995'). Upon trial the final judgment has already been passed in the case and thus the proceedings stand concluded. However the petitioner has not been granted the entire amount which ought to have been granted to her under the Act, 1989 and the Rules, 1995.

(3.) The claim of the petitioner is based upon Rule 12 (4) of the Rules, 1995 which provides for relief in cash or in kind or both to the victim of atrocity. The same is as under :-