‘Rape sur­vivor’ turns hos­tile, HC or­ders re­cov­ery of com­pen­sa­tion

The Times of India (Mumbai edition) - - TIMES NATION -

As­in­gle-

judge bench of the Mad­hya Pradesh high court di­rected the Sa­gar dis­trict mag­is­trate on Wed­nes­day to re­cover the com­pen­sa­tion, if any, awarded to a mi­nor who had lodged an FIR against a per­son ac­cus­ing him of rape but back­tracked dur­ing trial. The de­ci­sion is per­haps the first of its kind in In­dia. While or­der­ing the re­lease of the ac­cused on bail, the bench of Jus­tice S K Palo said, “Be­fore part­ing with the or­der, it would be ap­pro­pri­ate to hold that if any com­pen­sa­tion has been given to the pros­ecutrix (com­plainant) un­der the Preven­tion of Atroc­i­ties against SCs/STs Act, 1989, by the state gov­ern­ment, the same may be re­cov­ered from her. Copy of the same be sent to dis­trict mag­is­trate, Sa­gar, for re­cov­ery of the amount.”

“We have pro­tected the rights of the vic­tim’s fam­ily mem­bers by trans­fer­ring the trial of the case out­side the state and the in­ter­ests of wit­nesses should also be pro­tected. They are young boys,” the bench said after the state gov­ern­ment op­posed fam­ily mem­bers be­ing present at the time of in­ter­ro­ga­tion. Ad­vo­cate P S Pat­walia and J&K’s stand­ing coun­sel M Shoeb Alam con­tended that the wit­nesses had not made any al­le­ga­tions of tor­ture be­tween March 30 and May 10 and they ap­proached the court after com­ing to know foren­sic re­ports had proved their state­ments, recorded be­fore a mag­is­trate, to be wrong. Ad­vo­cate Arvind Datar, ap­pear­ing for the wit­nesses, how­ever said they are col­lege stu­dents and pleaded the bench to in­ter­vene to pro­tect them.

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