WP(C)/5313/2020 of MD. SAHIDUL PARAMANIK Vs THE STATE OF ASSAM AND 3 ORS on 23 July 2026

ORDER

Date : 24.07.2026

Heard Mr. A.F.N.U. Mollah, the learned counsel appearing on behalf of the petitioner. Ms. M. Barman, the learned Government Advocate appears on behalf of the respondent No. 1 and Ms. R.S. Chowdhury, the learned counsel appears on behalf of the respondent No. 2.

2. It is the case of the petitioner that the petitioner's father went missing on the night of 27.08.2009 and did not return home thereafter. A thorough search was subsequently conducted, and the dead body of the petitioner's father was recovered from a pond on 28.08.2009. Thereafter, an FIR was lodged on 28.08.2009 before the Officer-in-Charge, Kokrajhar Police Station. Upon receipt of the said FIR, Kokrajhar P.S. Case No. 297/2009 was registered under Sections 302/201/34 of the Indian Penal Code.

3. It is the further case of the petitioner that after the Investigating Officer submitted the charge-sheet, charges were framed under Section 302/34 of the Indian Penal Code. The learned Court of the Sessions Judge, Kokrajhar, tried the case and vide judgment and order dated 05.08.2015 passed in Sessions Case No. 16/2013, acquitted the accused persons named in the FIR. However, no direction was issued in the said judgment for payment of compensation in terms with Section 357A of the Code of Criminal Procedure, 1973.

4. The learned counsel for the petitioner draws the attention of this Court to the provisions of Section 357A of the Code of Criminal Procedure, 1973, which are reproduced herein below: “357A. Victim Compensation Scheme

(1) Every State Government in coordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.

(2) Whenever a recommendation is made by the Court for compensation, the District legal Services Authority or the State Legal service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1).

(3) If the trial Court, at the conclusion of the trial, is satisfied that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.

(4) Where the offender is not traced or identified, but the victim is identified and where no trial takes place, the victim or his dependents may make an application to the state or the District legal Services Authority for award of compensation.

(5) On receipt of such recommendations or on the application under sub- section (4) the State or the District legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months.

(6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first- aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.”

5. The learned counsel for the petitioner submitted that in terms with Section 357A of the Code of Criminal Procedure, 1973, the Government of Assam has framed the Assam Victim Compensation Scheme, 2012. Vide notification dated 01.02.2019, which has been annexed as Annexure-3 to the writ petition, the quantum of compensation was enhanced by amending the Schedule to the Assam Victim Compensation Scheme, 2012. The learned counsel further submitted that in cases of death, the amount of compensation presently prescribed is Rs. 5,00,000/- (Rupees five lakhs only). The learned counsel, therefore, submitted that upon coming to know about the said scheme, the petitioner submitted a representation before the

Member Secretary, Assam State Legal Services Authority, on 21.10.2019 claiming the said compensation. However, the compensation has not yet been awarded or paid to the petitioner, for which the petitioner has filed the instant writ petition under Article 226 of the Constitution of India.

6. This is a case where a crime was committed, and as a result thereof, the petitioner's father lost his life. It is another matter that, in the trial that ensued, the accused persons were acquitted, however, such acquittal does not, in any manner, negate the factor of commission of the crime or the resultant loss or injury suffered by the dependent of the victim, his son (the petitioner herein), as a result of the crime. Section 357A of the Code of Criminal Procedure, 1973 provides for compensation to the victim of such crime or the dependent of the victim who has suffered loss or injury as a result of the crime and who requires rehabilitation.

7. In view of the above, the respondent No. 3, i.e., the Member Secretary, District Legal Services Authority, Kokrajhar, is directed to consider the claim of the petitioner for victim compensation under Section 357A of the Code of Criminal Procedure, 1973, and, after due enquiry and verification, if it is found that the petitioner is entitled to such compensation, the same may be awarded to the petitioner, keeping in view the

Government notification dated 01.02.2019.

8. The entire exercise shall be completed within a period of 4 (four) months from the date a certified copy of this order is served upon the respondent No. 3.

9. The writ petition is accordingly disposed of.

JUDGE Comparing Assistant