PIYALI DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) An acid attack victim seeks compensation.

(2.) The claim for compensation is sought to be resisted on behalf of the respondents on the ground that, the incident of acid attack having happened prior to the introduction of Sec. 357A to the Code of Criminal Procedure, 1973, the West Bengal Victim Compensation Scheme, 2017 and the Victim Compensation Scheme, 2012 as well as the judgment and order of the Honourable Supreme Court reported at 2016 Volume 3 Supreme Court Cases page 669 (Laxmi Vs. Union of India & Ors.), the petitioner is not entitled to the compensation as sought for.

(3.) Learned Advocate for the petitioner submits that, the petitioner is a victim of an acid attack perpetuated on her on Aug. 4, 2005. At that material point of time, the government had no scheme for compensating a victim of acid attack. A victim of acid attack requires substantial assistance to reconstruct, if possible, her personal self and life. She also requires compensation. The provisions of Sec. 357A of the Code of Criminal Procedure, 1973 was not in place at the time of occurrence of the attack on her. Consequently, the petitioner could not lodge her claim. She is entitled to compensation in the terms of the scheme. The scheme granting compensation and Sec. 357A both being beneficial in nature, an interpretation should be given to the scheme and the provisions of such section so as to grant relief to the persons for whom such provisions have come into being.