Introduction:

The Punjab & Haryana High Court, while addressing a plea for compensation by a gang-rape victim, underscored the importance of prioritizing social welfare over technical objections. Justice Vinod S. Bhardwaj emphasized that the Victim Compensation Scheme’s benevolent nature aims to rehabilitate victims, and technical delays should not hinder this objective. The court considered the victim’s delayed application and overruled objections, directing the release of compensation under the Punjab Victim or their Dependents Compensation Scheme, 2011.

Arguments of Both Sides:

The gang-rape victim sought compensation under the Punjab Victim or their Dependents Compensation Scheme, 2011, following the conviction of the accused. The petitioner’s application was denied due to a six-month delay and the absence of a trial court recommendation for compensation. The state argued against the delay, emphasizing the limitations in submitting applications after six months.

Court’s Judgement:

Justice Bhardwaj expressed surprise at the state’s emphasis on the six-month delay and noted that the victim might have awaited compensation under Section 357-A of the Cr.P.C. The court rejected the technical objection, stating that such delays should not impede the social welfare objective of the scheme. The plea was allowed, directing the release of compensation within six weeks as per the scheme.