SHRI NARAHARI vs THE MEMBER SECRETARY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11584
CRL.A No. 200073 of 2026
CNR: KAHC030026982026
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.200073 OF 2026
(372(Cr.PC)/413(BNSS))
BETWEEN:
SHRI. NARAHARI S/O RAMSHETTY,
AGE: 47 YEARS, OCC: COOLIE,
R/O. MADARGI VILLAGE,
TQ. CHITAGUPPA,
DIST. BIDAR.
…APPELLANT
(BY SMT. SWATI M.N., ADVOCATE)
AND:
1. THE MEMBER SECRETARY
KARNATAKA STATE LEGAL
SERVICES AUTHORITY,
BENGALURU – 560 027.
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 BNSS, PRAYING TO, 1. MODIFY THE ORDER DATED
17.10.2022 PASSED IN SPECIAL CASE NO. 174/2020 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.25,000/- TO THE
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VICTIM. 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 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.174/2020 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 17.10.2022 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.25,000/- to the daughter of the
appellant and recommend DLSA to pay enhanced
compensation in the range from Rs.4,00,000/- to
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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.174/2020 against the accused for the
offence punishable under Section 366A, 376(i), 370(iv)
of IPC, Sections 4 and 12 of POCSO Act and Sections 8
and 10 of Prohibition of Child Marriage Act.
3. The case alleged against the accused is that
the accused kidnapped victim from her house on
20.12.2019 during night hours, took the victim to
Jalimger Kalyan Mantap and married her on 23.12.2019
at about 12.00 noon by tying Tali. Thereafter the
accused took the victim to his sister’s rented house at
Mumbai and committed sexual assault on the victim.
4. The learned Special Judge found the accused
guilty of the offence punishable under Sections 366A,
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CRL.A No. 200073 of 2026
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376(1), 370(4) of IPC, Sections 8 and 10 of Prohibition of
Child Marriage Act and Sections 4 and 12 of POCSO Act
as per the judgment dated 17.10.2022 and thereby as
per the order dated 18.10.2022 sentenced the accused
as hereunder:
•
to undergo rigorous imprisonment for 7 years
and to pay fine of Rs.8,000/- for the offence
punishable under Section 366A of IPC, 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.10,000/- for the offence
punishable under Section 376(1) of IPC, 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.10,000/- for the offence
punishable under Section 370(4) of IPC, in
default to pay fine, to undergo simple
imprisonment for one year,
•
to undergo rigorous imprisonment for one year
and to pay fine of Rs.5,000/- for the offence
punishable under Sections 8 and 10 of
Prohibition of Child Marriage Act, in default to
pay fine, to undergo simple imprisonment for
2 months,
•
to undergo rigorous imprisonment for 10 years
and to pay fine of Rs.10,000/- for the offence
punishable under Section 4 of POCSO Act, in
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default to pay fine, to undergo simple
imprisonment for one year, and
•
to undergo rigorous imprisonment for one year
and to pay fine of Rs.2,000/- for the offence
punishable under Section 12 of POCSO Act, in
default to pay fine, to undergo simple
imprisonment for one month.
The sentences of imprisonment shall run concurrently.
5. The learned Special Judge has also directed
that on deposit of the fine amount, Rs.25,000/- out of
the fine amount 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.25,000/- to
the victim under Victims Compensation Scheme.
6. Being aggrieved by the quantum of
compensation ordered to be paid to the victim under
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Victims Compensation Scheme, the appellant is before
this Court in the present appeal.
7. 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.25,000/- as compensation to the
victim/ PW6 under Victim’s Compensation Scheme. It
is true that out of the fine amount, an amount of
Rs.25,000/- is ordered to be paid to the victim under
Section 357(1)(b) of Cr.P.C.
8. 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
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minimum limit of compensation is Rs.4,00,000/- and
upper limit is Rs.7,00,000/-.
9. 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, 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.
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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.
10. 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 sexual assault. Therefore, trauma suffered by
the victim would show that the compensation of
Rs.25,000/- under Victims Compensation Scheme is
very much meager.
11. 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
and Others) Crl.A.
and the case of Delhi High Court in
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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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12. 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 the 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/- as she being the child aged about 16
years subjected to sexual assault. 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/-. As per the facts of the case, the incident
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took place in the month of December 2019 and at that
time the victim was aged 16 years. Hence, now the
victim should have already attained age of majority.
Therefore, the compensation is payable to her and
hence, this appeal deserves to be allowed and the
compensation payable to the victim deserves to be
enhanced accordingly.
13. 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.25,000/- to Rs.6,00,000/-.
iii) The DLSA, Bidar, is recommended to pay
the amount of Rs.6,00,000/- to the victim
as compensation.
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CRL.A No. 200073 of 2026
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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.: 64