SMT PUTHLA @ PUTHLABAI vs THE MEMBER SECRETARY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11583
CRL.A No. 200086 of 2026
CNR: KAHC030029602026
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.200086 OF 2026
(372(Cr.PC)/413(BNSS))
BETWEEN:
SMT. PUTALA @ PUTHLABAI
W/O VISHWANATH,
AGE: 58 YEARS, OCC: HOUSEHOLD,
R/O. INDRA NAGAR, HUMNABAD,
DIST. BIDAR – 585 330.
…APPELLANT
(BY SMT. SWATI M.N., ADVOCATE)
AND:
1. THE MEMBER SECRETARY,
KARNATAKA STATE LEGAL SERVICES
AUTHORITY, BANGALURU.
2. 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
…RESPONDENTS
(BY SRI B.C. JAKA, ADVOCATE)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 413
OF BHARATIYA NAGARIK SURAKSHA SANHITA, PRAYING TO: 1)
MODIFY THE ORDER DATED 17.12.2023 PASSED IN SPECIAL
CASE NO.5030/2021, BY II ADDL. DISTRICT AND SESSIONS
JUDGE, BIDAR, SITTING AT BASAVAKALYAN, INSOFAR AS IT
RECOMMENDS THE DLSA, BIDAR, TO PAY COMPENSATION OF
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CRL.A No. 200086 of 2026
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RS.1,00,000/- TO THE DAUGHTER OF THE PETITIONER. 2)
PASS AN ORDER RECOMMENDING DLSA, BIDAR, TO AWARD
THE COMPENSATION BETWEEN Rs.4,00,000/- TO 7,00,000/-
AS PER VICTIM COMPENSATION SCHEME.
THIS APPEAL HAVING BEEN HEARD AND RESERVED
FOR JUDGMENT ON 27.08.2026 AND 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.5030/2021 on the
file of the learned II Addl. District and Sessions Judge
and Special Judge, Bidar, (for short ‘the learned Special
Judge’) praying to modify the order dated 17.12.2023 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 daughter of the appellant and
recommend DLSA to pay enhanced compensation in the
range from Rs.4,00,000/- to Rs.7,00,000/- as per
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NALSA’s Compensation Scheme for Women Victims/
Survivors of Sexual Assault/ other Crimes-2018 (for
short ‘Victims Compensation Scheme’).
2. The appellant is mother of the victim in the
case in Spl.C.No.5030/2021 against the accused for the
offence punishable under Section 376(2)(i)(n) of IPC and
Sections 4 and 6 of POCSO Act. The accused was
allegedly committed aggravated sexual assault on the
victim and thereby the victim became pregnant. DNA
test confirmed that the accused is biological father of
the conceived fetus. The victim girl suffered abortion on
the advice of Medical Board. The Special Judge found
the accused guilty of the offence punishable under
Section 376(2) (i)(n) of IPC and Sections 4 and 6 of
POCSO Act as per the judgment dated 17.12.2023 and
thereby sentenced the accused as hereunder:
•
to undergo rigorous imprisonment for 20 years
and to pay fine of Rs.10,000/- for the offence
punishable under Section 376(2) (i)(n) of IPC,
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CRL.A No. 200086 of 2026
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in default to pay fine, to undergo simple
imprisonment for one year,
•
to undergo rigorous imprisonment for 10 years
and to pay fine of Rs.5,000/- for the offence
punishable under Section 4 of POCSO Act and
in default to pay fine, to undergo simple
imprisonment for 6 months, 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, to undergo simple
imprisonment for one year.
The sentences of imprisonment shall run
concurrently.
3. The learned Special Judge has also directed
that on deposit of the fine amount, that fine amount of
Rs.20,000/- shall be given to the victim girl/ PW6 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
the victim under Victims Compensation Scheme.
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CRL.A No. 200086 of 2026
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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 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, Bidar to
pay a sum of Rs.1,00,000/- as compensation to the
victim/ PW6 under Victim’s Compensation Scheme. It
is true that out of the fine amount, an amount of
Rs.20,000/- 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
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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/-.
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 counselling of the victim,
funeral, travelling 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,
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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
victim shall be one of the factors for determining the
compensation.
8. In the case on hand, the victim was subjected
to aggravated sexual assault by the accused and she
was aged about 16 years at the time of incident. She
suffered aggravated sexual assault, due to which she
became pregnant. The DNA test confirmed that the
accused is biological father of fetus of which the victim
suffered abortion as per the advice of Medical Board.
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
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CRL.A No. 200086 of 2026
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Crl.A. No.100269/2022 (Smt. Lalita W/o. Narasimha Siddhi
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
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
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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/-.”
10. 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 maximum
compensation of Rs.7,00,000/- as she being the child
aged about 16 years became pregnant due to the act of
the accused and thereby she suffered abortion. The
factors to be considered while awarding the
compensation as per the Victims Compensation
Scheme, it is clear that the amount of Rs.7,00,000/-
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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.7,00,000/- and
therefore, this appeal deserves to be allowed and the
compensation payable to the victim deserves to be
enhanced accordingly.
11. 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.7,00,000/-.
iii) The DLSA, Bidar, is recommended to pay
the amount of Rs.7,00,000/- to the victim
as compensation.
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CRL.A No. 200086 of 2026
CNR: KAHC030029602026
iv) On deposit of the compensation amount,
the entire amount shall be payable to the
victim, as she has already attained the
age of majority.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SBS
List No.: 1 Sl No.: 65