Karnataka High Court
Karnatka High Court Legal Service … vs The State Of Karnataka on 28 July, 2025
-1-
NC: 2025:KHC-K:4245
WP No. 202359 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
WRIT PETITION NO.202359 OF 2022 (GM-RES)
BETWEEN:
KARNATAKA HIGH COURT
LEGAL SERVICE COMMITTEE,
KALABURAGI BENCH,
REPRESENTED BY,
ADDITIONAL REGISTRAR (JUDICIAL)
AND SECRETARY,
HCLSC, KALABURAGI BENCH-585107.
...PETITIONER
(BY SRI. B. C. JAKA, ADVOCATE)
AND:
Digitally signed
by VARSHA N 1. THE STATE OF KARNATAKA,
RASALKAR BY HORTHI POLICE STATION,
Location: HIGH TQ. INDI, DIST. VIJAYAPURA-586209,
COURT OF
KARNATAKA NOW REPRESENTED BY, ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585107.
2. BHAVSINGH CHAUHAN
S/O GUJURU CHAUHAN,
AGED ABOUT 64 YEARS,
R/AT. NIMBAL (L.T),
TQ. INDI, DIST. VIJAYAPURA-586209.
3. ASHOK S/O CHANDRAMA ASANGI,
AGED ABOUT 18 YEARS, OCC: STUDENT,
-2-
NC: 2025:KHC-K:4245
WP No. 202359 of 2022
HC-KAR
R/AT. NIMBALA (KD),
TQ. INDI, DIST. VIJAYAPURA.
4. AKASH S/O KALLU RATHOD,
AGED ABOUT 18 YEARS, OCC: STUDENT,
R/AT. NIMBALA (LT),
TQ. INDI, DIST. VIJAYAPURA.
AMENDED AS PER COURT ORDER
DATED 18.10.2022.
...RESPONDENTS
(BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1;
V/O DTD. 28.07.2025 NOTICE TO R2 IS DISPENSED WITH;
R3 AND R4 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA AND SECTION 482
OF CR.P.C. PRAYING TO ISSUE A WRIT IN THE NATURE OF
CERTIORARI THEREBY QUASHING THE IMPUGNED ORDER
DATED 27.01.2022 PASSED IN SPL. CASE (POCSO)
NO.35/2019, BY THE ADDL. SESSIONS JUDGE FTSC-I (POCSO)
AT VIJAYAPURA WITH RESPECT TO AWARDING
COMPENSATION OF RS.1,00,000/- TO EACH VICTIMS AND
DIRECTION OF PAYMENT TO THE VICTIMS PWS-1 AND 2, BY
THE DISTRICT LEGAL SERVICES AUTHORITY, VIJAYAPURA
DISTRICT AT VIJAYAPURA, ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
-3-
NC: 2025:KHC-K:4245
WP No. 202359 of 2022
HC-KAR
ORAL ORDER
(PER: HON’BLE MRS JUSTICE M G UMA)
The petitioner-Karnataka High Court Legal Service
Committee represented by Additional Registrar (Judicial)
and Secretary, High Court Legal Services Committee,
Kalaburagi Bench has filed this writ petition under Articles
226 and 227 of Constitution of India read with Section 482
of Cr.P.C. seeking issuance of a writ in the nature of
certiorari to quash the order dated 27.01.2022 passed in
Special Case (POCSO) No.35/2019 on the file of learned
Additional Sessions judge FTSC-I (POCSO) at Vijayapur
awarding compensation of Rs.1,00,000/- to each of the
victims that is PW.1 and PW.2 who are arrayed as
respondent Nos.3 and 4 in this petition.
2. Facts of the case in brief is that a Special Case
(POCSO) No.35/2019 came to be registered against
respondent No.2 being the accused, alleging commission
of offence punishable under Sections 323 and 506 of IPC
and under Sections 11 and 12 of POCSO Act, 2012. The
-4-
NC: 2025:KHC-K:4245
WP No. 202359 of 2022
HC-KAR
Trial Court held the trial and passed the judgment
acquitting the accused for all the aforesaid offences.
Exercising its power under Section 357-A of Cr.P.C. and
Rule 7 (2) of POCSO Act, the Trial Court awarded
compensation of Rs.1,00,000/- each to PW.1 and PW.2
being the victims and directed the District Legal Services
Committee, Vijaypura district to pay the compensation
amount. Being aggrieved by the same, the Secretary of
High Court Legal Service Committee has preferred this writ
petition.
3. Heard Sri.B.C.Jaka, learned counsel for the
petitioner and Sri.Jamadar Shahabuddin, learned High
Court Government Pleader for respondent No.1 and
perused the writ papers. Even though respondent Nos.3
and 4 were served, they remained unrepresented.
4. In view of the contentions urged by the learned
counsel for both the parties, the point that would arise for
my consideration is:
-5-
NC: 2025:KHC-K:4245
WP No. 202359 of 2022HC-KAR
“Whether the impugned order dated
27.01.2022 in Special Case (POCSO)
No.35/2019 passed by the Additional
Sessions Judge FTSC-I (POCSO) at
Vijayapura in regard to awarding
compensation is liable to be quashed
invoking inherent power under Articles
226 and 227 of Constitution of India?”
5. My answer to the above point is in
‘affirmative’ for the following:
REASONS
6. It is the contention of the prosecution in Special
Case (POCSO) No.35/2019 that respondent No.2 herein
being the accused committed offences punishable under
Sections 323 and 506 of IPC and under Sections 11 and 12
of POCSO Act, 2012 against respondent Nos.3 and 4
herein. The Trial Court held the trial where the accused
denied the accusation. The prosecution examined PWs.1
to 18 and got marked documents Exs.P1 to P24, in
support of its contention. Accused denied all the
incriminating materials available on record. The Trial
-6-
NC: 2025:KHC-K:4245
WP No. 202359 of 2022
HC-KAR
Court after taking into consideration the fact that both the
victims examined as PW.1 and PW.2 have not supported
the case of the prosecution, rather they have turned
hostile, acquitted the accused by passing the impugned
judgment dated 27.01.2022. However, while acquitting
the accused, the Trial Court acting under Section 357-A of
Cr.P.C. and Rule 7(2) of POCSO Act, proceeded to award
compensation of Rs.1,00,000/- each to both the victims
examined as PW.1 and PW.2. The said order awarding
compensation to victims is under challenge in this writ
petition.
7. Section 357-A of Cr.P.C., deals with the Victim
Compensation Scheme. As per sub-section (1) of 357-A of
Cr.P.C., the State Government in co-ordination with the
Central Government is required to prepare a scheme for
providing funds for the purpose of compensation to the
victims and whenever a recommendation is made by the
Court for compensation, the District Legal Services
Authority or the State Legal Services Authority, as the
-7-
NC: 2025:KHC-K:4245
WP No. 202359 of 2022
HC-KAR
case may be, could decide the quantum of compensation
to be awarded under the scheme referred to in sub-section
(1) of Section 357-A of Cr.P.C.
8. Learned counsel for the petitioner has produced
the Notification dated 22.02.2013 issued by the
Government of Karnataka laying the Rules for awarding
compensation under Section 357-A of Cr.P.C. Clause 6 of
the Karnataka Victim Compensation Scheme, 2011 reads
as under:
“6. Eligibility for compensation.- A victim shall
be eligible for the grant of compensation if.-
1) the offender is not traced or identified, but the
victim is identified, and where no trial taken
place, such victim may also apply for grant of
compensation under sub-section (4) of Section
357-A of the Act.
2) the victim/claimant report the crime to the
officer-in-charge of the police station within 48
hours of the occurrence or any senior police
officer or Executive Magistrate or Judicial
Magistrate of the area;
-8-
NC: 2025:KHC-K:4245
WP No. 202359 of 2022
HC-KAR
Provided that the District Legal Service Authority, if
satisfied, for reasons to be recorded in writing, may
condone the delay in reporting.
3) the victim/claimant shall co-operate with the
police and prosecution during the investigation
and trial of the case.”
(emphasis supplied)
9. Bare reading of the above clause makes it clear
that for the purpose of getting compensation, the
victim/claimant shall co-operate with the police during
investigation and also with the prosecution during trial.
Admittedly, in the present case, both the victims examined
as PW.1 and PW.2 have not supported the case of the
prosecution which resulted in acquittal of the accused. In
spite of that, the Trial Court proceeded to pass the
judgment awarding compensation of Rs.1,00,000/- each to
the victims which is not permissible as per the Notification
referred to above.
10. On going through the judgment passed by the
Trial Court, it is noticed that the Trial Court has not
assigned any reason as to why it is awarding
-9-
NC: 2025:KHC-K:4245
WP No. 202359 of 2022
HC-KAR
compensation to the victims PW.1 and PW.2, when they
never assisted the prosecution during trial and have
categorically stated that the accused has not committed
any criminal offence against them.
11. Under such circumstances, I am of the opinion
that the said portion of the judgment awarding
compensation to PW.1 and PW.2 who are arrayed as
respondent Nos.3 and 4 herein is to be set aside.
12. Accordingly, I answer the above point in the
affirmative and proceed to pass the following:
ORDER
i. Writ Petition is allowed.
ii. The impugned judgment dated 27.01.2022
passed in Special Case (POCSO)No.35/2019
by the Additional Sessions Judge FTSC-I
(POCSO) at Vijayapura with respect to
awarding compensation of Rs.1,00,000/- to
each of the victims i.e., PW.1 and PW.2 by
– 10 –
NC: 2025:KHC-K:4245
WP No. 202359 of 2022
HC-KAR
the District Legal Services committee,
Vijayapura, is hereby set aside.
Sd/-
(M G UMA)
JUDGE
VNR
List No.: 1 Sl No.: 45
CT:PK