SHARANAMMA vs THE MEMBER SECRETARY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11585
CRL.A No. 200062 of 2026
CNR: KAHC030024862026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL APPEAL NO.200062 OF 2026
(372(Cr.PC)/413(BNSS))
BETWEEN:
SMT. SHARANAMMA W/O KASHAPPA METRE,
AGE: 72 YEARS, OCC: HOUSEHOLD,
R/O NARAYANAPUR VILLAGE,
TQ. BASAVAKALYAN,
DIST. BIDAR.
…APPELLANT
(BY SMT. SWATI M.N., ADVOCATE)
AND:
THE MEMBER SECRETARY,
DISTRICT LEGAL SERVICES AUTHORITY,
DISTRICT COURT PREMISES,
NEAR TAHASIL OFFICE,
BIDAR – 585 401.
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
…RESPONDENT
(BY SRI B.C. JAKA, ADVOCATE)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 413
OF BNSS, PRAYING TO: 1) MODIFY THE ORDER DATED
17.10.2023 PASSED IN SPECIAL CASE NO.126/2019, PASSED
BY II ADDL. DIST. AND SESSIONS JUDGE, BIDAR, SITTING AT
BASAVAKALYAN, IN SO FAR AS IT RECOMMENDS THE DLSA,
BIDAR TO PAY COMPENSATION OF Rs.1,00,000/- TO THE
GRAND DAUGHTER OF THE APPEALLANT; 2) PASS AN ORDER
RECOMMENDING DLSA, BIDAR TO AWARD THE MAXIMUM
COMPENSATION AMOUNT OF 7,00,000/- AS PER VICTIM
COMPENSATION SCHEME AND ETC.
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HC-KAR
NC: 2026:KHC-K:11585
CRL.A No. 200062 of 2026
CNR: KAHC030024862026
THIS APPEAL HAVING BEEN HEARD AND RESERVED
FOR JUDGMENT ON 31.07.2026 COMING ON FOR
‘PRONOUNCEMENT OF JUDGMENT’ THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY)
This appeal is filed by the appellant, who is the
complainant in the case in Spl.C.No.126/2019 on the
file of the learned II Addl. District and Sessions Judge
and Special Judge, Bidar, Sitting at Basavakalyan (for
short ‘the learned Special Judge’) praying to modify the
order dated 17.10.2023 of the Special Judge in the said
case insofar as the trial Court recommends the District
Legal Services Authority, Bidar (for short ‘DLSA’) to pay
compensation of Rs.1,00,000/- to the granddaughter of
the appellant and recommend DLSA to pay maximum
compensation amount of Rs.7,00,000/- as per NALSA’s
Compensation Scheme for Women Victims/ Survivors of
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CRL.A No. 200062 of 2026
CNR: KAHC030024862026
Sexual Assault/ other Crimes-2018 (for short ‘Victims
Compensation Scheme’).
2. The appellant is grandmother of the victim in
the case in Spl.C.No.126/2019 against the accused for
the offence punishable under Sections 366, 376(A)(B),
323, 506 of IPC and Section 6 of POCSO Act. The
accused was allegedly kidnapped the victim and took
her to his house, forced her to lie on the ground in the
kitchen and pressed her mouth with hand, slapped on
the lip and had forcible sexual intercourse through her
anus and threatened that if she told the same to her
parents, he would kill her and thereby committed the
alleged offences. The Special Judge found the accused
guilty of the offences punishable under Sections 363,
323, 506, 354A and 377 of IPC and Section 12 of
POCSO Act as per the judgment dated 17.10.2023 and
thereby sentenced the accused as per the order dated
18.10.2023 as hereunder:
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CRL.A No. 200062 of 2026
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•
to undergo rigorous imprisonment for 6
months and to pay fine of Rs.25,000/- in
default to pay fine, to undergo simple
imprisonment for 3 months for the offence
punishable under Section 363 of IPC,
•
to undergo simple imprisonment for 6 months
and to pay fine of Rs.5,000/- and in default to
pay fine, to undergo simple imprisonment for
one month for the offence punishable under
Section 323 of IPC, and
•
to undergo simple imprisonment for 6 months
and to pay fine of Rs.5,000/- in default to pay
fine, to undergo simple imprisonment for one
month for the offence punishable under
Section 506 of IPC.
•
to undergo simple imprisonment for 6 months
and to pay fine of Rs.10,000/- in default to
pay fine, to undergo simple imprisonment for
one month for the offence punishable under
Section 354A of IPC,
•
to undergo rigorous imprisonment for 6
months and to pay fine of Rs.25,000/- in
default to pay fine, to undergo simple
imprisonment for 2 months for the offence
punishable under Section 377 of IPC, and
•
to undergo simple imprisonment for 6 months
and to pay fine of Rs.25,000/- in default to
pay fine, to undergo simple imprisonment for
2 months for the offence punishable under
Section 12 of POCSO Act.
The sentences of imprisonment shall run concurrently.
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3. The learned Special Judge has also directed
that on deposit of the fine amount, the fine amount of
Rs.80,000/- shall be given to the mother of victim girl/
PW2 as compensation, as provided under Section
357(1)(b) of Cr.P.C. Further, as per Section 33(8) of
POCSO Act and Rule 7(2) of the Protection of Children
from Sexual Offences Rules, 2012 (for short ‘POCSO
Rules’), DLSA is recommended to pay compensation of
Rs.1,00,000/- to PW2 under Victims Compensation
Scheme.
4. Being aggrieved by the quantum of
compensation ordered to be paid to the victim under
Victims Compensation Scheme, the appellant is before
this Court in the present appeal.
5. The mother and father of the victim passed
away after the incident and hence, the appellant being
grandmother filed the appeal contending that the
compensation recommended by the learned Special
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Judge payable to the victim is very much meager. The
learned Special Judge has recommended DLSA, Bidar to
pay a sum of Rs.1,00,000/- as compensation to the
mother of victim/ PW2 under Victim’s Compensation
Scheme. It is true that out of the fine amount, an
amount of Rs.80,000/- is ordered to be paid to the
victim under Section 357(1)(b) of Cr.P.C.
6. The compensation payable under Section
33(8) of POCSO Act is as per Victims Compensation
Scheme. The learned counsel for the appellant has
drawn the attention of this Court to the Victims
Compensation Scheme, wherein the compensation
payable to the victim under unnatural sexual assault is
Rs.4,00,000/- to Rs.7,00,000/-. This would show that
minimum limit of compensation is Rs.4,00,000/- and
upper limit is Rs.7,00,000/-.
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7. Moreover, as per the Victims Compensation
Scheme, some of the factors to be considered while
awarding compensation are as under:
a. Gravity of the offence and severity of
mental or physical harm or injury
suffered by the victim;
b. Expenditure incurred or likely to be
incurred on the medical treatment for
physical and/or mental health
including counseling of the victim,
funeral, traveling during investigation/
inquiry/ trial (other than diet money);
c. Loss of educational opportunity as a
consequence of the offence, including
absence from school/college due to
mental trauma, bodily injury, medical
treatment, investigation and trial of the
offence, or any other reason;
d. Loss of employment as a result of the
offence, including absence from place
of employment due to mental trauma,
bodily injury, medical treatment,
investigation and trial of the offence, or
any other reason.
The above facts would show that the gravity of the
offence and severity of mental and physical harm of the
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victim shall be one of the factors for determining the
compensation.
8. In the case on hand, the victim was subjected
to unnatural sexual intercourse through her anus by
the accused by kidnapping her. The accused also
threatened the victim with dire consequences that if she
told the said fact to her parents, he would kill her. The
victim was aged about 10 years at the time of incident.
She suffered unnatural sexual assault. Therefore,
trauma suffered by the victim would show that the
compensation of Rs.1,00,000/- under Victims
Compensation Scheme is very much meager.
9. It is relevant to refer to the order dated
27.06.2023 of the coordinate Bench of this Court in
Crl.A. No.100269/2022 (Smt. Lalita W/o. Narasimha Siddi
vs. State of Karnataka and Another ) , wherein referring to
the decision of the Hon’ble Apex Court in WP(C)
No.565/2012 (Nipun Saxena and Another Vs. Union of India
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and Others) and the case of Delhi High Court in Crl.A.
No.63/2022 (“X” Vs. State of NCT Delhi (Acting through its
Secretary) and Another) , the provision of Victims
Compensation Scheme and the compensations payable
under Sections 357(1) and 357A of Cr.P.C., are dealt
with in detail and in the similar case compensation
payable to be victim of the case under POCSO Act is
enhanced. It is held in the said decision that:
“While fixing the compensation in between
Rs.4,00,000/- to Rs.7,00,000/- i.e., minimum and
maximum, the trial Court Judges shall have to
appreciate the evidence on record in terms of Rule 9(3)(i)
to (xii) of Rules 2020.”
It is also held in the said decision that:
“The NALSA’s Scheme 2018 provides for 50%
enhancement if the victim is minor. In the present case
victim is not only minor but also mentally retarded and
dump, therefore, in terms of Rule 9(3) of NALSA’s
Scheme 50% of Rs.7,00,000/- has to be awarded which
would comes to Rs.3,50,000/-. Thus, the victim is
entitled for total compensation of (Rs.7,00,000/- +
Rs.3,50,000/-)= Rs.10,50,000/-.”
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10. The facts of the above referred decision of the
coordinate Bench of this Court are not similar to the
facts of the case on hand. But in the said case and also
in the case on hand the offence alleged against the
accused is punishable under POCSO Act and victim is
minor, that too, she is child within the meaning of
POCSO Act. Hence, considering the facts of the case
and evidence available on record, it would be clear that
the victim is entitled to maximum compensation of
Rs.6,00,000/-. The factors to be considered while
awarding the compensation as per the Victims
Compensation Scheme, it is clear that the amount of
Rs.6,00,000/- would be just and reasonable
compensation payable to be victim. Hence, in the case
on hand, considering the facts and circumstances of the
case the victim shall be entitled to the compensation of
Rs.6,00,000/- and therefore, this appeal deserves to be
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CNR: KAHC030024862026
allowed and the compensation payable to the victim
deserves to be enhanced accordingly.
11. The appellant is the grandmother of the
victim. The parents of the victim died after the incident.
The incident took place in the month of July 2018 and
at that time the victim was aged 10 years. Therefore,
the victim should have attained majority at present.
Hence, the compensation payable is to the victim.
Consequently, the appeal deserves to be allowed.
12. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed.
ii) Consequently, the compensation payable
to the victim under the Victims
Compensation Scheme is enhanced from
Rs.1,00,000/- to Rs.6,00,000/-.
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CRL.A No. 200062 of 2026
CNR: KAHC030024862026
iii) The DLSA, Bidar, is recommended to pay
the amount of Rs.6,00,000/- to the victim
as compensation.
iv) On deposit of the compensation amount,
the entire amount shall be payable to the
victim, if she has already attained the age
of majority. Otherwise, the compensation
amount shall be kept in Fixed Deposit in
the name of victim in any Nationalized
Bank of the choice of the appellant, till
she attains the age of majority.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SBS
List No.: 1 Sl No.: 63