MP HC Directs State To Compensate ‘Victims Of Malicious Implication’ For Making Them Spend More Than A Decade In Jail [Read Judgment]

It is unfortunate, that there is no provision under the Law to compensate the victim of false/malicious implication, after his acquittal in the Trial or in an appeal, the bench observed.

While acquitting two persons, who spent more than a decade in jail, during the pendency of trial and appeal proceedings, the Madhya Pradesh High Court has directed the state to pay compensation of Rs. 3 lakh each to them for  ‘malicious implication’.

Santhosh, Bhure and Shirpal were convicted by the trial court in an abduction case in the year 2004. The trio filed appeals before the high court in the same year and during the pendency of the appeal, Santhosh died.

The bench of Justice Vivek Agarwal and Justice GS Ahluwalia went through the evidence in the case and observed that there were many circumstances which have emerged after appreciation of prosecution evidence that showed that the prosecution has miserably failed in establishing the guilt of the accused.

While acquitting the accused, the court noted that Bhure remained in jail for a period of near about 12 years and Shripal is in jail for the last year about 15 years. The court then remarked: “It is unfortunate, that there is no provision under the Law to compensate the victim of false/malicious implication, after his acquittal in the Trial or in an appeal. However, this Court cannot lose sight of the fact, that Article 21 of the Constitution of India, protects the life and liberty of the citizen of India.”

The bench said the accused was prosecuted with deliberate and malafide intention, so that the complainant may settle his scores, and the police also joined hands with the complainant so that it can gain popularity by fake and imaginary encounters with the miscreants. It also said that the state must compensate the appellants for the utter violation of their fundamental rights as for no reason, they were compelled to remain in jail for such a long time

The bench further said: “Where a person has not remained in incarceration for a longer time, then the quantum of compensation amount would be on a lesser side but where a person has remained in jail for a period of more than 12 years or if a person is still in jail i.e., for more than 15 years, then for violation of fundamental rights of the accused, the State must compensate the victim.”

While ordering compensation of Rs. 3 lakh each, the bench said for adjudicating the just and proper compensation, a civil suit is required to be filed in order to establish the actual loss sustained by them, because of malicious implication.