Oral Judgment:

Nitin B. Suryawanshi, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of parties.

2. By the present Petition filed under Article 226 of the Constitution of India, the Petitioner seeks directions to the Respondents to determine and award the Victim’s compensation to the Petitioner as provided under “Compensation Scheme for Women Victims/ survivors of Sexual Assault/ other Crimes 2018” and the guidelines issued from time to time.

3. The Petitioner is the Victim in Special Case No. 02 of 2010, wherein the Accused was charged for the offences punishable under Sections 392, 394, 376(2)(g), 366, 341, 354, 509, 216(a) r/w Section 34 of the Indian Penal Code (for short ‘IPC’) and Sections 3(1)(ii), 3(2), 3(3) of the Maharashtra Control of Organised Crime Act (for short ‘MCOC Act’). The said case resulted in conviction of Accused Nos.1 to 4 therein, under Sections 392, 394, 366, 341 of the IPC and Sections 3(1)(ii), 3(2), 3(3) of the MCOC Act. Learned Trial Court imposed various sentences of rigorous imprisonment for the respective offences, however the maximum sentence awarded to the Accused is rigorous imprisonment for a period of 12 years, along with payment of fine amounts as mentioned in the operative part of the order.

4. On 30th December, 2017, the State of Maharashtra has issued a Government Resolution (for short “said G.R.”), thereby introducing “Sudharit Manodhairya Yojna” for payment of compensation to the victim of offences of Rape, POCSO, Sexual Assault, Acid Attack and Immoral Traffic (Prevention) Act.

This Court in Writ Petition No. 291 of 2022, has issued certain directions and held that the said G.R. is retrospectively applicable.

5. The National Legal Services Authority has introduced, “Compensation Scheme for Women Victims/ survivors of Sexual Assault/ other Crimes 2018”, thereby laying down the procedure for awarding compensation to the victims. The said scheme is also similar to the scheme introduced by the State of Maharashtra vide said G.R.

6. Admittedly, the Petitioner has not applied either under the State Scheme or the 2018 Scheme of District Legal Services Authority. The Writ Petition is, therefore, disposed of by permitting the Petitioner to apply to the District Legal Services Authority, Aurangabad within a period of four weeks from the date of receipt of this order. On receipt of Petitioner’s application, the District Legal Services Authority, Aurangabad shall consider the case of Petitioner in accordance with the said G.R. dated 30th December, 2017 and pass an appropriate order thereon.

7. Rule is made absolute in the above terms.