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Judgment
ADMIT. Learned APP Ms.Asmita Patel waives service of notice of admission for and on behalf of the respondent – State.
By way of filing the captioned Criminal Appeal under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, read with Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the appellant-victim (prosecutrix) has prayed for the following reliefs :
“(A)Your Lordships be pleased to admit the appeal, in the interest of justice;
(B)Your Lordships be pleased to set aside and modify the impugned order/judgment of the learned trial court dated 31.12.2025 passed by 2nd Additional District and Sessions Judge, Ahmedabad (Rural) at Dholka in Old Special Atrocity Case No.92 of 2016 (Atrocity Case No.20 of 2021) insofar as it relates to the award of compensation to the victim;
(C)Your Lordships be pleased to enhance the compensation payable to the victim by correctly applying entry no.9 and 3 of the Schedule to the Victim Compensation Scheme, 2019, and by awarding not less than the minimum compensation prescribed for rape and rehabilitation in accordance with rule of the Victim Compensation Scheme, 2019;
(D)Your Lordships be pleased to direct the competent authority/ District Legal Services Authority to disburse the enhanced compensation to the victim within such time as may be fixed by this Hon’ble Court;
(E)Your Lordships be pleased to grant such other and further reliefs as deemed fit in the interest of justice;”
It appears that the learned 2nd Additional District and Sessions Judge, Ahmedabad (Rural) at Dholka, vide judgment and order of conviction and sentence dated 31.12.2025 passed in Atrocity Case No.20 of 2021 (Old Special Atrocity Case No.92 of 2016), has convicted the accused (i.e. the respondent no.2) Jayrajsinh Chandubha Vaghela for the offences punishable under Sections 376 and 506(2) of the Indian Penal Code, as well as, under Sections 3(2)(v), 3(1)(w)(i) and 3(2)(va) of the Atrocity Act, and imposed sentence upon him to undergo rigorous imprisonment for ten years along with the fine of Rs.9,000=00. In addition, the trial court has also awarded compensation of Rs.3 lakh to the victim as per the provisions of Section 357A of the Code of Criminal Procedure under the Gujarat Victim Compensation Scheme, 2019, towards mental and physical agony suffered by the victim.
The case of the prosecution, as per the Charge is that, although the accused-respondent no.2 was knowing that the appellant-victim (prosecutrix) belongs to the SC/ST community, he insisted on the victim/prosecutrix to maintain relationship with him. It is alleged that the accused was threatening the victim/prosecutrix to kill her brother Pravin if she refused to comply. Furthermore, the prosecution has alleged that approximately one and a half months prior to the filing of the FIR, the accused had approached the victim/prosecutrix while she was collecting cattle fodder at the Sutariyawada field in Mouje Zanand (Girand), Taluka Dholka, and by administering threat to the victim/prosecutrix, he committed rape on her against her will.
The FIR came to be lodged by the complainant on 18.08.2016 before the Dholka Rural Police Station, District Ahmedabad, against the accused for the offence punishable under Sections 376 and 506(2) of the Indian Penal Code, as well as, under Sections 3(2)(v), 3(1)(r), 3(1)(s), 3(1)(w)(i) and 3(2)(va) of the Atrocity Act, which was registered as I-CR No.39 of 2016.
The case of the prosecution, as per the FIR, is that on 20.07.2016, the appellant-victim (prosecutrix) consumed a poisonous drug (pesticide) and was taken to the Kalikund Parshwanath Hospital, Dholka, for treatment. After receiving primary medical care, she was transferred to the V.S. Hospital, Ahmedabad, and was subsequently admitted to the Civil Hospital, Ahmedabad, for further treatment, before being discharged on 13.08.2016. In the FIR, the appellant-victim (prosecutrix) has stated that for the past one and a half years, the accused (respondent no.2) had been stalking her whenever she went to collect fodder for her cattle and was insisting on maintaining relationship with him. The accused also allegedly threatened to kill her brother Pravin, if she refused to comply. The victim/prosecutrix has further alleged that one and a half months prior to the incident, around 12:00 noon, while she was collecting fodder at the accused's Wantawala field, the accused approached her, threatened her, and committed rape against her will. The victim/prosecutrix stated that continuous harassment by the accused over the preceding one and a half years ultimately compelled her to take the extreme step of attempting to commit suicide by consuming a pesticide on 20.07.2016.
Learned advocate Ms.Dipmala Desai appearing for the appellant-victim, while drawing attention of this Court to the Notification No.GG/47/2019/SB.2/COM/132018/663 dated 26.04.2019 issued by the Home Department, Sachivalaya, Gandhinagar, has submitted that the State of Gujarat has provided for a scheme, namely, the Gujarat Victim Compensation Scheme, 2019, to compensate the victims or the dependent(s)/guardian/parents of the victims who suffered loss or injury on account of an offence against body and who require rehabilitation. Ms.Desai has submitted that as per the said scheme, the appellant-victim is entitled to get atleast an amount of Rs.9 lakh as compensation; however, as against the same, the trial court has awarded only Rs.3 lakh as compensation, which is inadequate. Therefore, the present appeal.
Learned advocate Ms.Desai, while submitting the following table showing the breakup of the compensation amount, has urged before the court that the victim is entitled to get atleast Rs.9 lakh as compensation under the Gujarat Victim Compensation Scheme, 2019 :
| Serial Number as mentioned in the Schedule | Category | Minimum Limit of Compensation | Maximum Limit of Compensation |
|---|---|---|---|
| 3 | Rape | Rs.4 lakh | Rs.7 lakh |
| 9 | Grievous physical injury or any mental injury requiring rehabilitation | Rs.1 lakh | Rs.2 lakh |
| Thus, the total compensation eligible to the appellant-victim : | Rs.9 lakh | ||
Learned APP Ms.Asmita Patel appearing for the respondent-State has submitted that no error much less an error of law could be said to have been committed by the trial court in passing the impugned judgment. She has submitted that it has been now almost a decade since the incident had occurred. However, considering the peculiar circumstances of the case and the pathetic situation of the victim, she has submitted that minimum amount of compensation as required under the scheme may be awarded to the appellant-victim (prosecutrix).
Heard learned advocates appearing for the respective parties and perused the documents as adduced by them. It appears from the judgment of the trial court that there is no specific reference as to on what basis the trial court has fixed the amount of compensation to be Rs.3 lakh. This Court finds the impugned judgment and order of the trial court dated 31.12.2025 to be non-speaking so far as the amount of compensation awarded to the appellant-victim is concerned since no reasons have been assigned for awarding the amount of compensation of Rs.3 lakh to the victim. Indisputably, this is a very serious case as the victim of the rape had to pass through aggravating circumstances, which ultimately compelled her to take the extreme step of attempting to commit suicide by consuming a poisonous drug (pesticide).
This Court has considered the decision of the Supreme Court rendered in the case of Rajendra Bhagwanji Umraniya vs. State Of Gujarat, reported in AIR 2024 SC 3172, wherein in paragraphs 22, 23 and 24, the Supreme Court has observed thus :
“22.The idea of victim compensation is based on the theory of victimology which recognizes the harsh reality that victims are unfortunately the forgotten people in the criminal justice delivery system. Victims are the worst sufferers. Victims family is ruined particularly in cases of death and grievous bodily injuries. This is apart from the factors like loss of reputation, humiliation, etc. Theory of Victimology seeks to redress the same and underscores the importance for criminal justice administration system to take into consideration the effect of the offence on the victim's family even though human life cannot be restored but then monetary compensation will at least provide some solace.
23.The provision of Section 357 recognizes the aforesaid and is victim centric in nature. It has nothing to do with the convict or the sentence passed. The spotlight is on the victim only. The object of victim compensation is to rehabilitate those who have suffered any loss or injury by the offence which has been committed. Payment of victim compensation cannot be a consideration or a ground for reducing the sentence imposed upon the accused as victim compensation is not a punitive measure and only restitutory in nature and thus, has no bearing with the sentence that has been passed which is punitive in nature.
24.The words "any loss or injury" used in Section 357 of the CrPC clearly indicates that the sole factor for deciding the compensation to be paid is the victim's loss or injury as a result of the offence, and has nothing to do with the sentence that has been passed. Section 357 of CrPC is intended to reassure the victim that he/she is not forgotten in the criminal justice system. It is a constructive approach to crimes based on the premise that mere punishment of the offender may not give solace to the victim or its family.”
This Court has also gone through the entire evidence on record, and it prima facie appears that the appellant-victim has suffered a lot of physical harassment and torture which was exerted upon her by the accused in addition to the mental agony and trauma faced due to the rape committed on her by the accused (respondent no.2 herein). It further appears that the victim had to pass through aggravating circumstances, which ultimately compelled her to take the extreme step of attempting to commit suicide by consuming a poisonous drug (pesticide) on 20.07.2016. It is, therefore, abundantly, clear that the victim is covered under Serial Nos.3 and 9 of the Schedule to the Scheme. Therefore, it prima facie appears that the appellant-victim (prosecutrix) is entitled to atleast get the minimum amount of compensation of Rs.5 lakh.
For the purpose of determining the amount of compensation to be awarded to the appellant-victim, this Court has taken into consideration the following aspects :
As per category-3 of the schedule appended to the scheme, i.e. Rape, the minimum limit of compensation is Rs.4 lakh, therefore, an amount of Rs.4 lakh is considered to be just and proper to be awarded as compensation to the appellant-victim under this category.
As per category-9 of the schedule appended to the scheme, i.e. Grievous physical injury or any mental injury requiring rehabilitation, the minimum limit of compensation is Rs.1 lakh, therefore, an amount of Rs.1 lakh is considered to be just and proper to be awarded as compensation to the appellant-victim under this category.
Considering the aforesaid, this Court is of the view that the appellant-victim is entitled to a compensation amount of Rs.5 lakh. The breakup of the said compensation amount, in a tabular form, is reproduced as under :-
| Sr. No. as per the Schedule | Particulars of loss or injury | Compensation Amount (in Rs.) |
|---|---|---|
| 3 | Rape. | 4 lakh |
| 9 | Grievous physical injury or any mental injury requiring rehabilitation. | 1 lakh |
| Thus, the total compensation entitled to the appellant-victim : | 5 lakh | |
In view of the above, the appeal stands allowed. It is hereby directed that the appellant-victim is entitled to a total compensation amount of Rs.5 lakh being the victim of rape as she suffered a lot of physical harassment & mental trauma and also passed through aggravating circumstances where she had attempted to commit suicide by consuming poisonous drug (pesticide). The compensation amount of Rs.5 lakh so awarded would include the compensation amount of Rs.3 lakh earlier awarded by the trial court, to be paid to the appellant-victim. The impugned judgment and order dated 31.12.2025 passed by the learned 2nd Additional District and Sessions Judge, Ahmedabad (Rural) at Dholka, in Atrocity Case No.20 of 2021 (Old Special Atrocity Case No.92 of 2016) insofar as the amount of compensation awarded to the appellant-victim is concerned, is modified to the aforesaid extent.
The State Legal Services Authority is directed to release the total compensation amount of Rs.5 lakh to the appellant-victim; however, if the amount of Rs.3 lakh awarded by the trial court is already paid to the appellant-victim, then the same shall be deducted from the total compensation amount of Rs.5 lakh. The District Legal Services Authority, Ahmedabad, is directed to take appropriate steps for compliance of the order.
With the aforesaid, the present appeal stands allowed. Registry is directed to send a copy of this order to (i) the District Court, Ahmedabad (Rural); (ii) the District Legal Services Authority, Ahmedabad; and (iii) the State Legal Services Authority, for necessary compliance of the order.
A copy of this order shall be circulated among the State judiciary.