Jabalpur (Madhya Pradesh): The High Court principal seat at Jabalpur ordered that if a victim belonging to SC/ST community turns hostile, he is to refund the compensation amount to the public exchequer within 30 days from date of the trial court's order in the criminal case.
In case such an amount is not refunded, the authorities will be at liberty to recover the amount from the petitioners (victims), the court ordered.
Under provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 the victims belonging to SC\ST communities are entitled to get compensation of Rs 2 lakh.
The victim gets 50% of the amount at the time of registration of an FIR, 25% at the stage of charge-sheet and 25% after conclusion of trial.
The court issued the order on three petitions seeking similar relief for direction to the state authorities to release compensation amount to them in separate criminal cases.
Justice Vishal Mishra directed the petitioners to submit an affidavit to respondents (tribal department and concerned police station) to the effect that they will not enter into a compromise with the accused or will not turn hostile before the trial court and will thoroughly contest the case which has been registered on their complaint.
‘If such an affidavit is filed within a period of one month, the authorities are directed to consider the application filed by the petitioners for grant of compensation and extend the benefit in terms of Rules, 1995 within a period of 30 days thereafter’, the court ordered.
The State government counsel submitted that generally, such FIRs are being registered, and thereafter the victim receives a compensation amount and later compromises with the accused and turns hostile before the trial court.
