“Recover Compensation If Rape Victim Turns Hostile”: Allahabad High Court

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The Allahabad High Court has directed the Uttar Pradesh government to recover the compensation paid to rape victims if they turn hostile during trial proceedings.
The Lucknow bench of the high court has told the state government to issue necessary directions to the officers concerned in the matter. It also directed its senior registrar to send a copy of the order to the chief secretary for necessary compliance.

The court has fixed the next date of hearing in the matter in the second week of August and directed the Uttar Pradesh government to submit before it the progress report.

A bench of Justice B R Singh said, “In my opinion, if the victim has become hostile and does not support the prosecution case at all, it is appropriate to recover the amount paid to the victim.” “The victim is the person who comes before the court and during the 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 state exchequer cannot be burdened like this and there is all possibility of misuse of the laws,” Justice Singh said.

“Therefore, the amount of compensation given to the victim or the family member is liable to be recovered by the authorities concerned who have paid the compensation,” the high court judge added.

The bench passed the order while granting bail to a rape accused in the Unnao district.

During the course of the hearing, the court was informed that the victim did not support the prosecution case and turned hostile saying that she could not recognise the man. Her brother too did not support the prosecution case.

Granting bail to the man, the court expressed serious concern over the practice of taking compensation from the government in cases of rape and POCSO Act matters and turn hostile during trial proceedings.

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