Allahabad High Court directs UP Govt to pass orders for recovery of compensation given to rape victims who turn hostile during trial

The Allahabad High Court recently directed the State Government of Uttar Pradesh to issue necessary orders/directions for recovery of the amount of compensation, if paid, in the rape cases, where the victim becomes hostile during the trial and does not support the prosecution case.

Let necessary exercise be done within a period of three months, the bench of Justice Brij Raj Singh ordered.

"Victim is the person who comes before the court and during trial, if she denies the allegation of rape and becomes hostile, there is no justification to keep the amount of compensation provided by the state government," the single judge bench opined.

The bench stressed that "the state exchequer cannot be burdened like this" and that "there will be a possibility of misuse of the laws" if compensation is allowed to remain with the victim in such cases.

The court passed the order in a bail application moved by a rape accused.

The accused, namely Jeetan Lodh Alias Jitendra, was facing prosecution under Section 376, 452, 506 IPC, and Section 3/4 of the POCSO Act last year in Unnao district of Uttar Pradesh.

He sought bail on the ground that the victim, in her cross-examination during the trial, had not supported the prosecution case.

The counsel for the accused apprised the court that the victim had deposed before the trial court that she could not identify the person who committed rape against her as she had not seen the face of her rapist.

The counsel further claimed that the victim had totally denied the version of FIR as well as the version of her statements recorded under Section 164, CrPC before the trial court.

Moreover, he informed the high court that the brother of the victim, who was the complainant in the case, had also not supported the prosecution case and he had alleged that some other person had written the FIR.

Court took note of the contentions raised and opined that since the victim herself had not supported the prosecution case, therefore, it was a fit case for bail.

However, before the court could part with the matter, Additional Government Advocate Rajesh Kumar Singh argued that in rape cases as well as cases of sexual offence against a minor, the victim and her family are provided financial assistance and since in the present case, the victim had turned hostile, therefore, the compensation provided to her should be recovered.

As per the latest government order dated June 14, 2016, pertaining to the issue, compensation of Rs 3 lacs is given to rape victims in the state.

Case Title: Jeetan Lodh Alias Jitendra v. State of UP and 3 Others