Madhya Pradesh High Court Denies Compensation to Victim Turning Hostile in SC/ST Atrocities Case

Court rules that compensation under the SC/ST Act is contingent upon continued prosecution and victim's participation.

In a significant judgment by the Madhya Pradesh High Court, a petition seeking compensation under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was dismissed due to the petitioner's withdrawal of support for the prosecution, resulting in the acquittal of the accused. The judgment, delivered by Justice Pranay Verma on December 1, 2025, emphasizes the necessity of active victim participation in legal proceedings to claim compensation.

The case, filed by 'Victim X', revolved around an incident on April 17, 2020, where serious offences, including gang rape, were alleged under the Indian Penal Code and the SC/ST Act. Initially, partial compensation was awarded to the petitioner as per the rules. However, during the trial, the petitioner turned hostile, leading to the acquittal of the accused.

The High Court ruled that turning hostile negates the victimization premise under the Act, disentitling the petitioner from compensation. Justice Verma highlighted that the compensation mechanism is inherently linked to the prosecution's continuation and the victim's legal process involvement. The court's decision was aligned with prior rulings from the Delhi and Allahabad High Courts, which emphasized that compensation serves to support victims in securing justice, not as an end itself.

The court further stated that any compensation received should be returned to the state when proceedings conclude with an acquittal due to the victim's non-cooperation. This decision underscores the Act's intent to deter atrocities by ensuring legal accountability and victim support throughout prosecution.

Bottom Line:

Compensation under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Rules, 1995 is contingent upon the continuation of legal proceedings and victim's active participation in prosecution. Victims turning hostile and leading to acquittal of accused disentitles them from receiving compensation.

Statutory provision(s): Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 12(4), Annexure-I.

Victim X v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc Id # 2816447