RAVUTAPPA HALLADMANI vs THE MEMBER SECRETARY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11586
CRL.A No. 200052 of 2026
CNR: KAHC030022392026
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.200052 OF 2026
(372(Cr.PC)/413(BNSS))
BETWEEN:
RAVUTAPPA HALLADMANI S/O JANAPPA,
AGE: 72 YEARS, OCC: COOLIE,
R/O. DEVARAHIPPARGA, TQ.
DEVARAHIPPARGA,
DIST. VIJAYAPURA.
…APPELLANT
(BY SMT. SWATI M.N., ADVOCATE)
AND:
THE MEMBER SECRETARY,
DISTRICT LEGAL SERVICES AUTHORITY,
DISTRICT COURT PREMISES,
VIJAYAPURA – 586 101.
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, WHEREFORE, THE APPEALLANT MOST
RESPECTFULLY PRAYS THAT THIS HON'BLE COURT MAY BE
PLEASED TO 1. MODIFY THE ORDER DATED 23.08.2021
PASSED IN SPECIAL CASE (POCSO) NO.36/2018 BY ADDL.
SESIONS JUDGE FTSC-I (POCSO) AT VIJAYAPURA IN SO FAR
AS IT RECOMMENDS THE DLSA, TO PAY COMPENSATION OF
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Rs.3,50,000/- TO THE DAUGHTER OF THE APPEALLANT. 2.
PASS AN ORDER RECOMMENDING DLSA, TO AWARD THE
COMPENSATION BETWEEN RS.4,00,000/- TO 7,00,000/- AS
PER VICTIM COMPENSATION SCHEME AND ETC.
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.36/2018 on the file
of the learned Addl. Sessions Judge FTSC-1 (POCSO),
Vijayapura (for short ‘the learned Special Judge’)
praying to modify the order dated 23.08.2021 of the
Special Judge in the said case insofar as the trial Court
recommends the District Legal Services Authority,
Vijayapura (for short ‘DLSA’) to pay compensation of
Rs.3,50,000/- to the daughter of the appellant and
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recommend DLSA to pay enhanced compensation in the
range from Rs.4,00,000/- to Rs.7,00,000/- as per
NALSA’s Compensation Scheme for Women Victims/
Survivors of Sexual Assault/ other Crimes-2018 (for
short ‘Victims Compensation Scheme’).
2. The appellant is father of the victim in the
case in Spl.C.No.36/2018 against the accused for the
offence punishable under Section 363, 344 of IPC and
Sections 5(1) punishable under Section 6 of POCSO Act.
3. The case alleged against the accused is that
the victim girl aged 14 years was missing from her home
at about 11.00 a.m., on 16.06.2018 and it was found
that the accused kidnapped the victim and took her to
Purali District Beed, Maharashtra and thereafter the
victim was found with the accused. The accused
committed forcible sexual intercourse with her and
thereafter on 31.07.2018 the victim along with the
accused was rescued and brought to complainant Police
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Station. Hence, the accused committed the offence
punishable under Sections 363 and 376(2) of IPC and
Section 6 of the POCSO Act. Learned Special Judge found
the accused guilty of the offence and convicted him as per
the judgment dated 23.08.2021 and thereby sentenced
the accused as hereunder:
•
to undergo rigorous imprisonment for 2 years
and to pay fine of Rs.5,000/- for the offence
punishable under Section 363 of IPC, in
default to pay fine, undergo simple
imprisonment for 15 days,
•
to undergo rigorous imprisonment for 2 years
and to pay fine of Rs.5,000/- for the offence
punishable under Section 344 of IPC and in
default to pay fine, undergo simple
imprisonment for 15 days, and
•
to undergo rigorous imprisonment for 20 years
and to pay fine of Rs.10,000/- for the offence
punishable under Section 6 of POCSO Act, in
default to pay fine, undergo simple
imprisonment for 30 days.
The sentences of imprisonment shall run concurrently.
4. The learned Special Judge has also directed
that under Section 357A of Cr.P.C. and Section 7(2) of
POCSO, DLSA is recommended to pay compensation of
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Rs.3,50,000/- to the victim under Victims Compensation
Scheme.
5. 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.
6. The main contention of the appellant is that
the compensation recommended by the learned Special
Judge payable to the victim is very much meager. The
learned Special Judge has recommended DLSA to pay a
sum of Rs.3,50,000/- as compensation to the victim
under Victims Compensation Scheme.
7. 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
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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/-.
8. 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,
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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
victim shall be one of the factors for determining the
compensation.
9. In the case on hand, the victim was subjected
to aggravated sexual assault by the accused and she
was aged about 14 years at the time of incident. She
suffered aggravated sexual assault. Therefore, trauma
suffered by the victim would show that the
compensation of Rs.3,50,000/- under Victims
Compensation Scheme is meager.
10. 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)
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No.565/2012 (Nipun Saxena and Another Vs. Union of India
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
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entitled for total compensation of (Rs.7,00,000/- +
Rs.3,50,000/-)= Rs.10,50,000/-.”
11. The facts of the above referred decision of this
coordinate Bench are not similar to the facts of the case.
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
compensation of Rs.6,00,000/- as she is child aged
about 14 years. Considering the facts of the case, it
would be clear that now the victim has already attained
age of majority. 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 reasonable compensation
payable to be victim. Hence, in the case on hand,
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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
allowed and the compensation payable to the victim
deserves to be enhanced accordingly. 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.3,50,000/- to Rs.6,00,000/-.
iii) The DLSA, Vijayapura 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
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victim as she has already attained the age
of majority.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SBS
List No.: 1 Sl No.: 62