Rape victim who turns hostile during trial ineligible for relief: High Court

News Network
October 3, 2019

Bengaluru, Oct 3: A rape victim who turns hostile during trial is not entitled to compensation under Victim Compensation Scheme, said the Karnataka high court.

The court made the observation while rejecting the claim of an alleged rape survivor, who had sought release of Rs 7 lakh compensation from Karnataka State Legal Services Authority (KSLSA).

Justice Alok Aradhe noted that clause 6 (3) of the scheme required the claimant to cooperate with the investigation and the trial and clause 7 (10) spoke about recovery of the compensation with 15% interest, if it is held by the trial court that the survivor or dependants had obtained the order sanctioning the compensation on a false or fabricated complaint.

The judge was of the view that in the case at hand, the woman and her father had been declared hostile and KSLSA was right in holding that she is not entitled to compensation.

The woman alleged that she was raped on March 11, 2014. An FIR was filed and chargesheet was submitted based on her complaint. Her father submitted a representation on May 22, 2015, seeking compensation and the District Legal Services Authority passed an award on March 24, 2018, granting Rs 3 lakh.

However, during the pendency of the proceedings before the authority, the woman and her father were declared hostile in the criminal proceedings. Thereafter, on May 23, 2019, KSLSA set aside the order of the district legal services authority, where Rs 3 lakh compensation was awarded to the woman.

The woman contended that an opportunity of hearing was not afforded to her. However, Justice Aradhe noted that in case where only one conclusion was possible, such a plea on principles of natural justice cannot be entertained.

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News Network
February 14,2020

Mangaluru, Feb 14: Police have submitted over 50 videos in a pen drive to Udupi Deputy Commissioner G Jagadeesha as evidence to violent protests that led to police firing on December 19 in which Jaleel and Nausheen died.

ACP and police nodal officer Belliyappa submitted a pen drive consisting over 50 video clips including CCTV footage. 

The police earlier had submitted 20 digital video recorder (DVR) before the court and an acknowledgement of the same was produced before the Magistrate.

Hearing on video evidence will be held at High Court on February 24.

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News Network
May 5,2020

Bengaluru, May 5: The Karnataka government is planning to maintain a Health database of its citizens in the backdrop of experience gained from the COVID-19 pandemic, Medical Education Minister K Sudhakar said on Tuesday.

In a statement issued here, he said a “Health Register” will be maintained to keep track of all health issues of the people and the project will be implemented first in Chikkaballapur district on an experimental basis.

“COVID-19 has provided enough experience for all of us and therefore, there is a need to maintain health data of each person. The government will be undertaking a survey using a team of Primary Health Centre officials, Revenue officials, Education department staff and Asha Workers,” the Minister said in a release here.

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News Network
January 6,2020

Bengaluru, Jan 6: Chief minister BS Yediyurappa has plenty on his plate ahead of the 2020-21 state budget to be presented on March 5 what with the economic slowdown and a sizeable shortfall in revenue, but the biggest worry is the uncertainty surrounding Goods and Services Tax (GST) compensation from the Centre.

There is also uncertainty over the state’s share under devolution of funds as per the 14th Finance Commission recommendation.

Finance department officials say that while Rs 3,500 crore is expected as GST compensation for every two months, the devolution of funds would have yielded about Rs 7,000 crore for the current fiscal. But the economic slowdown appears to have hit the Centre’s finances and is likely to impact the state’s share of funds.

“The GST payment for August-September came only in December and we are unsure how much we will get for October-November and December-January,” an official said. Estimates suggest the state’s share under devolution of funds could be reduced by half.

At a meeting of finance department officials last week, Yediyurappa is said to have admitted that unlike those states where non-BJP parties are in power — they have threatened agitations and court cases — the government cannot go “against” Prime Minister Narendra Modi’s regime.

Instead, Yediyurappa has urged senior IAS finance department officials to lobby for funds with their counterparts in New Delhi. On his part, Yediyurappa is said to have already written to Modi and finance minister Nirmala Sitharaman to at least release the state’s share of GST compensation for the current calendar year of 2019. He is planning to personally meet the PM in Delhi to push the state’s case.

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