Tariq Ahmad Rather vs State of J&K

Mr. Mohammad Yaqoob Mir, J. - Unfortunate horrifying incident has traumatized the minor girl as a result whereof case registered as FIR No.

20/2005 at Police Station DH Pora, Kulgam, after completion of investigation by the special investigation team has culminated into filing the final

report under Section 173 Cr. P.C. (Challan) therefore the 1st prayer made in the petition is satisfied.

Another prayer is for payment of compensation. Earlier pursuant to order dated 29-04-2015 Deputy Commissioner, Kulgam, was directed to

pay an amount of Rs. 50,000/- as an interim relief to the victim, so as to enable her to meet her medical expenses and other treatments. Same is

stated to have been paid.

Learned counsel for the petitioner submits that in terms of Jammu and Kashmir Victim Compensation Scheme, 2013 notified vide, dated 23-04-

2013 the minor girl who has been raped is entitled to compensation amounting to Rs. 3.00 lacs. The perusal of the SRO-229 where under scheme

for compensation to the victims has been formulated and notified, provides for compensation to the victims and the procedure to be followed for

grant thereof.

Para 3 of the said scheme provides that concerned District Legal Service Authority shall examine the case and verify the loss or injury caused to

the victim, arising out of the reported criminal activity and may call for any other relevant information necessary in order to determine genuineness.

After verifying the claim, District Legal Service Authority shall after due enquiry award compensation within two months, in accordance with the

terms of the scheme.

Learned counsel for the petitioner was pointedly asked if any application has been filed on behalf of the victim before District Legal Service

Authority, Kulgam for grant of compensation fund to which he answered in negative. However he rightly pointed out that since the investigation is

already completed by the special investigation team, the position is clear now there is no requirement of any further verification regarding the

genuineness of reported criminal activity.

It being so, District Legal Service Authority, Kulgam is directed to release the compensation in accordance with the terms of Jammu and

Kashmir Victim Compensation Scheme, 2013 notified vide SRO-229 in favour of the petitioner within one week from the date copy of this order

served is upon Chairman District Legal Service Authority, Kulgam.

Noticing the position of such victims as highlighted by the learned counsel for the petitioner, it is impressed upon all the District Legal Service

Authorities that they shall ensure that the victim compensation fund is paid to the deserving victims within the stipulated period as envisaged by the

scheme itself.

Copy of this order be sent to Member Secretary, State Legal Service Authority so as to enable the Authority to take further appropriate

measures for generating further awareness amongst the general masses and also to impress upon High Court Legal Service Committee, District

Legal Service Authorities and Tehsil Legal Service Authorities to hold awareness programmes regarding the scheme so that the victims who have

suffered or suffer loss apply to the concerned District Legal Service Authorities for availing the benefit of compensation as warranted in terms of

Scheme.

Nothing further survives in this petition, as such shall stand accordingly disposed of.