MEHTA, J. - (1.) THE aforesaid appeal has been filed by the State of Rajasthan challenging the order dated 18.02.2008 passed by the learned Single Judge of this court, whereby the learned Single Judge directed the State of Rajasthan to make payment of Rs.50,000/- to each of the respondent on count of medical expenses and compensation.
(2.) THE brief facts necessary for the disposal of the appeal are that the respondents were the victims of an acid assault and received injuries on account of the act committed by accused Sajid Ali, Mohd. Khan and Kayum Pathan. The incident took place on 06.03.2000, while the respondents were sleeping in their house at 3.00 AM. The accused persons, who were the residents of the same village, threw acid on the respondents, three of whom were young girls at the time of incident. After the cowardly assault, the respondents were taken to the Government Hospital at Khandela from where they all were referred to the SMS Hospital, Jaipur for treatment. The writ petition was filed by the respondents herein with the prayer that they should be awarded compensation as well as medical expenses because every citizen of India has a fundamental right to life which had been violated inasmuch as the State had failed to protect the life and liberty of the respondents (writ petitioners). It was further submitted that no free medical aid was provided to the respondents, who were victims of the ghastly acid attack. On the writ petition being filed, notices were issued to the State Government. The State did not file reply to the writ petition but oral submissions were made before the learned Single Bench that the injured were admitted in the Government Hospital and all necessary medical aid was provided to them. It was also submitted that since the dispute between the parties was purely of a private nature, the State was not liable to pay compensation to the respondents. The learned Single Bench of this Court, by a detailed well reasons judgment, placing reliance on the judgments of the Hon'ble Apex Court, rendered in Rudul Shah vs. State of Bihar & Anr. (AIR 1983 SC 1086) and the judgment of this Court in SB Civil Writ Petition No.2765/1997, S.K. Gupta vs. State & Ors., decided on 19.05.1997, proceeded to direct payment of medical expenses of Rs.25,000/- and compensation of Rs.25,000/- to each of the victims, i.e. respondents Nos.2 to 5. The welfare State has challenged the said order in appeal. It may be pointed out here that Shri R.P. Singh, Addl. Advocate General, very fairly conceded at the time of the arguments that now the State Government has come out with a policy to compensate the victims of acid attacks, wherein the proposal to pay a compensation of Rs.l lakh each to such victims is under consideration. It was stated that the proposal is under consideration of the Finance Department under the provisions of Section 51A Code of Criminal Procedure. In view of the proposal of the State Government, referred to above, the learned Addl. Advocate General did not make much contest to the order impugned passed by the learned Single Bench. We have considered the arguments advanced at the Bar and after a thoughtful consideration of the matter in issue, we are of the opinion that the order passed by the learned Single Judge was perfectly justified. The question of payment of compensation to victims of ghastly offences, came to be considered by the Division Bench of this Court in celebrated judgment of Bagtu under the title Suo Moto vs. State of Rajasthan, reported in 2007(2) RLW (Raj.) 1407, wherein the Division Bench of this Court, considered the award of compensation to victim of gang rape, relying on its earlier judgment reported in Suo Moto vs. State, reported in 2005(2) RLW (Raj.) 1385, wherein the Division Bench awarded a compensation of Rs.3 lakhs to a German tourist who had been subjected to gang rape by taxi drivers at Jodhpur. In the case of Suo Moto vs. State, reported in 2005(2) RLW (Raj.) 1385, it was held as under:- Thus, in the above perspective, the Instant Suo Moto Writ Petition is disposed of as follows: i) The State of Rajasthan is directed to pay compensation in the sum of Rs. 3 lacs to the victim German tourist referred to above. The. compensation shall be made over to the Embassy for Germany In India for payment to the victim. The payment to the German Embassy shall be made within a period of three months from today; (ii)....... (iii)...... (iv) The State Govt, is further directed to prepare an Scheme within a period of one month and give effect-to the same ensuring that- a. As soon as case of Sexual abuse or violence is reported necessary financial medical psychological and social assistance Is provided to the victim; b. The atmosphere of camaraderie is built so that victim is helped to get out of trauma, both physical and mental; c. Where there is a risk of non-availability of witnesses, as in a case of foreign tourist or being Intimidated, steps be taken to get her statement recorded immediately before the trial judge in accordance with the law, before she leaves the Country. Appropriate provision be made for payment of overstay of such victim at a reasonable cost;"
(3.) THEREFORE , in view of the law laid down by the Hon'ble Apex Court in Rudul Shah's case and by this court in suo moto case referred to supra, we find no good reason to interfere in the judgment passed by the learned Single Judge. At this stage, we consider the contention of the counsel appearing for the respondents made before this court that since the State Government has come out with the scheme wherein the compensation to the tune of Rs.1 lakh was proposed to be given to acid attack victims, the respondents should also be given the benefit of the said scheme and the compensation awarded should be directed to be enhanced. It has been submitted that till date, the injured have not come out of the trauma and continuous medical expenses are also occurring to them on count of disfigurement caused by the acid injuries. We understand the plight faced by the victims but since the respondents have not come in appeal challenging the order passed by the learned Single Judge seeking enhancement of compensation, we refrain from passing any order of enhancement of compensation payable to the respondents. However, we may observe here that in case of German Lady, mentioned supra, the court directed the compensation of Rs.3 lakhs to be paid to the victim of rape. Suffice it to say that a victim of rape would be suffering mental trauma out of the assault made on her but the trauma, which these young girls i.e. respondents herein are facing, is not only mental but social and physical as well on account of disfigurement received by them in the incident and whole of their lives have been put in jeopardy. ;