SC to examine compensation payable to Himachal Pradesh deaf and dumb rape victim

12.11.2017

On June 26, 2015, a sessions court at Hamirpur in Himachal Pradesh had held Rajneesh guilty of rape and sentenced him to 10 years rigorous imprisonment and fine of Rs 20,000

The Supreme Court has agreed to examine a matter in which the Himachal Pradesh High Court has ordered payment of Rs 30,000 to a deaf and dumb rape victim for her life time as compensation. The 80 per cent handicapped victim had given birth to a girl child last year.

A bench of justices J Chelameswar and S Abdul Nazeer issued notice to the Himachal Pradesh State Legal Services Authority (HPSLSA) for making appropriate arrangement regarding payment of the compensation amount. It also directed the apex court registry to communicate the matter the Chairman, HPSLSA and depute an officer to be present on the next date of hearing on November 27.

The Himachal Pradesh government has challenged the high court order, saying there was no scheme for compensating the rape victim for life time. Advocate Varinder Kumar Sharma, appearing for the state government, said that the high court has committed an apparent error in law in failing to consider the quantum of compensation in accordance with the existing scheme applicable in the state.

He said that the quantum of compensation awarded by the high court was contrary to the scheme and the highest compensation payable was Rs 1 lakh in case of death or disability equal to or more than 80 per cent. The high court had on June 29, 2016, while dismissing the appeal of convict Rajneesh alias Vicky, said that the prosecutrix was doubly in disadvantageous position since she has to maintain herself and her baby.

“She belongs to lowest strata of the society. She has already suffered a lot. Thus she needs a special rehabilitation,” it had said and partially modified the trial court order to direct Rs 10,000 per month as victim compensation, in addition to Rs 20,000 awarded to her by the trial court by way of fine, during her life time. On June 26, 2015, a sessions court at Hamirpur in Himachal Pradesh had held Rajneesh guilty of rape and sentenced him to 10 years rigorous imprisonment and fine of Rs 20,000.

According to the FIR lodged on December 26, 2013 by the parents of the victim, the convict, taking advantage of the prosecutrix who is deaf and dumb, had raped her several times and impregnated her.