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