#victim compensation

Allahabad High Court reduces conviction from murder to culpable homicide where a single blow was struck in a sudden quarrel without premeditation, emphasizing the distinction between intent and knowledge. The ruling sets guidelines for evaluating hostile witness testimony and mandates victim compensation under Section 357 CrPC, offering critical precedent for similar cases.

The Madhya Pradesh High Court has affirmed that victims may file appeals against acquittals under the proviso to Section 372 CrPC before the Sessions Court, even if the original appeal was filed incorrectly under Section 378. The court granted liberty to refile within four months, suspending limitation objections if the initial filing was timely or delay was previously condoned - empowering victims with a clear, court-sanctioned second chance to challenge unjust acquittals.

Allahabad High Court modifies sentence of convicted robbers under Section 394/397 IPC, releasing them on probation after 39 years, imposing Rs. 75,000 compensation and bond conditions.

Karnataka High Court allows medical termination of a 25-week pregnancy for a minor sexual assault survivor, holding that reproductive autonomy under Article 21 overrides statutory limits when a Medical Board certifies safety. The ruling sets a precedent for victim-centric interpretations of the MTP Act, mandating compensation, counselling, and care under the Victim Compensation Scheme.

Gauhati High Court rules that voluntary intoxication cannot absolve an accused under Section 376(3) IPC and POCSO Act, upholding a 20-year sentence for raping a minor. The court also directed victim compensation within three months, reinforcing the irrelevance of intoxication as a defence in sexual offences against children.

Karnataka High Court replaces a 12-year-old imprisonment sentence under Section 304-A IPC with Rs. 3,00,000 compensation, emphasizing victim relief over punitive measures in delayed accident cases. The ruling sets a precedent for judicial discretion favoring restorative justice where incarceration yields no rehabilitative benefit.

Jharkhand High Court rules that theft victims are ineligible for compensation under the Jharkhand Victim Compensation Scheme, 2016, even if only partial stolen property is recovered. The judgment clarifies that the scheme's scope excludes property offences, impacting victims' legal remedies for financial losses.

The Punjab & Haryana High Court has ruled that depositing full compensation for 98 victims and demonstrating zero misuse of interim bail can outweigh the gravity of a ₹1 crore cheating case, setting a new precedent that restitution and conduct during interim release are decisive factors in bail finalization. This empowers accused in white-collar crimes to seek absolute bail through proactive victim redressal, not just procedural compliance.

The Calcutta High Court has ruled that a rape conviction under Section 376 IPC can rest solely on the credible testimony of the prosecutrix, dismissing delay in complaint and absence of medical evidence as fatal flaws. It further held that victim compensation under CrPC 357A must be awarded irrespective of when the offence occurred, reinforcing the state’s duty to redress sexual violence without procedural barriers.

Jharkhand High Court holds that the Right to Health under Article 21 requires not just infrastructure but trained staff, equipment, and 24/7 care in burn units. The court directed the state to operationalize burn units in all 24 district hospitals within 120 days, emphasizing state accountability for emergency medical care.

Karnataka High Court rules that termination of pregnancy beyond the 24-week statutory limit under the MTP Act requires a medical board’s assessment of foetal viability and maternal risk, overriding judicial discretion. The ruling underscores the primacy of medical expertise in late-term termination cases, while mandating victim care and rehabilitation for minor sexual assault survivors.

Gujarat HC refuses termination in the third trimester due to neonatal risks but mandates state-funded medical care, NICU support, and adoption custody arrangements. The ruling balances fetal viability with victim welfare, setting a precedent for state responsibility in high-risk pregnancies.

Orissa High Court grants probation to a 73-year-old convict under Section 4 of the Probation of Offenders Act, holding that prolonged trial delay, advanced age, and a previously clean record outweigh the gravity of the offence. The court mandates victim compensation as a condition, setting a precedent for judicial discretion in sentencing first-time elderly offenders.

Supreme Court holds that lapse of time and compensation cannot substitute punishment for life-threatening assault; proportionality and deterrence are paramount in sentencing.

Madhya Pradesh High Court reduces imprisonment to time served and enhances fine in Section 325 IPC case, emphasizing proportionality and victim compensation.