Section 357-A Cr PC – Victim Compensation Scheme – Minor children of victim wife – Husband poured kerosene on the wife for not giving money for liquor and caused her death
Section 354A of the Cr PC – Victim Compensation Scheme – Minor children of victim – deceased wife – Husband poured kerosene on the wife for refusal to give money for liquor and caused her death
Deceased wife and the appellant – husband have two minor children. The appellant – husband was addicted to liquor. He used to demand money from wife for liquor and on her refusal, used to abuse her. On the date of occurrence on 7.10.2015, the appellant had asked for money for liquor, on her refusal he abused her and sat on her, poured kerosene and ignited her. The wife succumbed to the burn injuries.
By the judgment dated 11.5.2017, the appellant – original accused & husband of the victim wife – was convicted for offence under Section 302 of the Indian Penal Code.
This was challenged by the accused in the High Court. Two minor children were respondent nos.2 and 3 in the said appeal.
The High Court had taken salutary initiative to appoint Advocate Ms. Harshita Manglani as amicus curiae for the minor children in the criminal appeal.
It is seen from para 15 of the judgment that the Amicus Curiae has assiduously taken efforts and argued the case for victim compensation to the children on the ground that they are exposed to adverse condition for their survival and better education.
In Para 24 of the judgment, the High Court appreciated and acknowledged the concern of the Amicus Curiae for the victims and for bringing the pivotal question which otherwise would have gone unnoticed.
On detailed consideration of the salutary objects of the scheme and the principles under Section 354A of the Cr PC, the High Court directed the District Legal Services Authority to conduct an inquiry and take effective steps for compensation or to provide all means for rehabilitation of both the children.
Judgment dated 6.11.2023 of the Division Bench of the High Court of Bombay (Aurangabad Bench) in Vijay s/o. Sahebrao Patil Vs. The State of Maharashtra and others
