LAWS(P&H)-2019-11-483

X Vs. STATE OF PUNJAB AND ORS.

Decided On November 18, 2019
X Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) The prayer in this petition is for issuance of a direction to the respondents for providing compensation to the petitioner, a victim of gang rape, under the provisions of the Scheduled Caste and the Scheduled Tribes Act, 1989. Though the petition has been filed disclosing her name, I have concealed it for passing this order to protect her identity. Counsel would have been well advised not to have divulged her name except in a sealed petition signed by her appending a photocopy for public use and for the court hearings. She is thus named 'Ms X' for final disposal of the case. Registry is directed to carry out necessary changes in this petition and on the web portal of this Court, accordingly.

(2.) The petitioner is a victim of gang rape. She belongs to the Scheduled Castes. The perpetrators of the crime are facing trial. The petition cites the 'Norms for Relief Amount' laid down in Annexure I- Schedule [see rule 12 (4)] to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (for short, 'the Rules') for the scale of minimum amount of compensation linked with the nature of offence. The description of offence and minimum monetary relief prescribed in the Schedule under Rule 12(4) relevant for this case is reproduced as under:-

(3.) Under these rules, a scheme has been framed for payment of victim compensation in cases of those scheduled caste persons who are covered by the provisions of the rules and have suffered atrocities. She was granted compensation by the State Government in a sum of Rs.1,80,000/- out of which Rs.90,000/- has been paid in advance while the balance kept for conclusion of the trial.