MP News: Compensation Under SC/ST Act Junked After Gang-Rape Victim Turns Hostile

Indore (Madhya Pradesh): Indore bench of Madhya Pradesh High Court has dismissed a writ petition filed by a woman seeking full compensation under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, after she turned hostile during the trial, leading to the acquittal of the accused.

The petitioner, identified as Victim X, had alleged that she was subjected to gang rape in April 2020 in Dhar district and the accused were charged under IPC Sections 450, 342, 376, 376-D, 506 along with provisions of the SC/ST Act. Following the FIR and investigation, the state had earlier transferred Rs 2,06,250 as part of the relief payable under the Act and Rules.

However, Justice Pranay Verma observed that the woman did not produce a confirmatory medical report - a mandatory requirement for receiving 50 per cent of the relief amount at the initial stage. Further, during trial, she did not support the prosecution's case and turned hostile, resulting in the accused s acquittal.

The court ruled that once the complainant retracts from her allegations and the case ends in acquittal, she no longer qualifies as a victim of atrocity under Rule 12(4) of the SC/ST Rules, 1995 and cannot claim compensation.

The judge also referred to similar observations made by the Delhi High Court and Allahabad High Court, which held that when complainants settle disputes or withdraw cooperation, the purpose behind state-funded compensation collapses - and even the amount already paid may be recoverable.

Stating that compensation serves as a means to facilitate justice, not an end in itself, the High Court clarified that public funds cannot be treated as a tool for unjust enrichment. It declined to grant any further relief and dismissed the petition as devoid of substance.