Victim Compensation Drafting

IN THE HON’BLE COURT OF SH.
MAHESH KUMAR, LEANRED ADDITIONAL

SESSIONS/SPECIAL JUDGE (FAST TRACK) POCSO, PALWAL
State Versus Mustafa @ Billa & Hakam
FIR No. 0029 dated 27.03.2022
U/s 376D,452 O{C
& 6 POCSO Act
P.S. Women Palwal, Distt. Palwal
Application for interim relief by way of compensation to alleviate the
suffering of the minor rape victim Under Haryana Victim Compensation
Scheme, 2020, Part I & Part II (as amended up to date)
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Place: Palwal,
Dated : ………………. Applicant/mother of minor rape victim
Through Counsel(s):
Harunij w/o Umar Mohd.,
Archana Singh, r/o Near Nahar Malai, P.S. Uttawar,
Komal Rajpoot, Advocates village Bhimsika, Tehsil Hathin,
Distt. & Sessions Court, Palwal Distt. Palwal
MEMO OF PARTIES
IN THE HON’BLE COURT OF SH. MAHESH KUMAR, LEANRED ADDITIONAL
State of Haryana through Haruni aged about ….. years wife of Umar Mohd.,
resident of Near Nahar Malai, P.S. Uttawar, village Bhimsika, Tehsil Hathin,
Distt. Palwal, Haryana-121103, is the mother of the minor rape victim as
recorded in FIR No. 0029 dated 27.03.2022, U/s 376D,452 IPC and 6 POCSO
Act, P.S. Women Palwal, Distt. Palwal, Mobile No. 9813574023, Aadhaar No.
7860 4744 6952.
……….Applicant/Victim
Versus
1. Mustafa @ Billa son of Jakar,
2. Hakam son of Mahboob, both residents of village Bhimsika, P.S. Uttawar,
Tehsil Hathin, Distt. Palwal-121103.
……….Accused
FIR No. 0029 dated 27.03.2022
U/s 376D,452 O{C
& 6 POCSO Act
Claim:
It is, therefore, requested to this Hon’ble Court that to pass an award for
interim compensation under the Haryana Victim Compensation Scheme,
2020, Part I & Part II (as amended up to date), in favour of the applicant
Haruni i.e. the mother of the minor rape victim or in favour of the victim
Rahila.
Place: Palwal,
Dated : ………………. Applicant/mother of minor rape victim
Through Counsel(s):
Harunij w/o Umar Mohd.,
FIR No. 0029 dated 27.03.2022
U/s 376D,452 O{C
& 6 POCSO Act
Respected Sir,
The applicant most respectfully prays as under:-
1. That the trial of the above noted case is pending before this Hon’ble
Court.
2. That the applicant Haruni aged about ….. years wife of Umar Mohd.,
resident of Near Nahar Malai, P.S. Uttawar, village Bhimseeka, Tehsil Hathin,
Distt. Palwal-121103, Haryana, is the mother of rape victim of about 17½
years of age minor at the time of committing crime by the accused as per her
date of 05.09.2004 as recorded in the Aadhaar no. 3574 2658 7960, PAN –
GFQPR3739A of the victim Rahila and registered at Sr. No. 1663 dated
01.01.2011 in the register of her admission in Govt. Primary School (Code
No. 155990), Bhimsika, Block-Hathin, Distt. Palwal, record of her School
Leaving Certificate No. 11370311 issued on 03.04.2018 by Ele. Headmaster,
Govt. Middle School (06210309403), Bhimsika, Block-Hathin, Distt. Palwal,
(certified photocopies attached), while she was forcibly against her wishes
sexually assaulted and raped vaginally by penis turn by turn by the accused
Mustafa @ Billa son of Jakar and Hakam son of Mahboob, both residents of
village Bhimsika, P.S. Uttawar, Tehsil Hathin, Distt. Palwal, Haryana-121103,
on 26.03.2022 at about 11:00 p.m. in night. In this regard an FIR No. 0029
dated 27.03.2022 U/s 376D,452 IPC, and 6 of POCSO Act, was got registered
in Police Station Women Palwal, Distt. Palwal by the complainant Kabir
(brother of the victim) son of the applicant Haruni wife of Umar Mohd..
3. That the brief facts of the prosecution as stated in the Case/FIR on the
written complaint dated 27.03.2022 of the complainant Kabir son of Haruni
wife of Umar Mohd., resident of village Bhimsika, P.S. Uttawar, Tehsil Hathin,
Distt. Palwal to the effect that “on 26.03.2022 at about 11:00 p.m., the
complainant from his shop of fabrication reached at the home and as soon
as open the main gate then both the accused were present inside the gate
and the accused Hakam son of Mahboob was committing forcibly rape upon
her minor sister aged about 13 years against her consent and wishes. His
sister while crying told him that Mustafa @ Billa son of Jakar has also
committed rape upon her. Then the accused seeing complainant have ran
away from the spot. It is humbly prayed that justice be given to us”.
4. That thereafter, the police of P.S. Women Palwal, got registered the
FIR no. 0029 dated 27.03.2022 U/s 376D,452 IPC and 6 of POSCO Act, against
the said accused Mustafa @ Billa son of Jakar and Hakam son of Mahboob,
both residents of village Bhimsika, P.S. Uttawar, Tehsil Hathin, Distt. Palwal,
Haryana-121103 and investigation of the case started conducting by P/SI
Surekha and the victim was medico-legally examined and the Pulandas of the
victim were taken into possession and were sent to FSL Bhondsi for
examination in which semen was detectd on Ex.1 (Salwar) and the
counseling was got done of the victim before CWC on 28.03.2022 and the
efforts were made to arrest the both the accused persons, but in vain. The
statement of the victim recorded U/s 164 Cr.P.C. before the Hon’ble Court to
the effect that the accused committed rape forcibly against her consent. On
27.03.2022, the victim was medico-legal examined in Govt. Hospital Palwal.
The copies of FIR and MLR are attached and the contents of the same be
read as part and parcel of this application.
5. That thereafter investigation of the case carried on and the victim was
taken to Civil Hospital Palwal for her Medico-Legal examination conducted
by Dr. Asha Dagar, L.M.O. vide M.L.R. no. GHP/AD/80/2022 on 27.03.2022 at
Civil Hospital Palwal in which A/h/o vaginal sexual activity on 26.03.2022 at
about 11:00 p.m. at her house Bhimsika described, penetration attempted &
completed by Penis was indicated in the report and both the accused were
found guilty for committing forcibly rape upon the victim Rahila, the accused
were declared Proclaimed Offender by the Hon’ble Court vide its order dated
19.10.2022. The Medical Examination Report for Victims/Accused of Sexual
Abuse describing sexual assault and the copy of FIR are attached herewith
and the contents of the same be read as part and parcel of this application.
6. That this heinous crime committed by the said accused Mustafa @
Billa son of Jakar and Hakam son of Mahboob upon the minor daughter of
the applicant within the territorial jurisdiction of the Hon’ble Court.
7. That the victim along with her family members want to contest the
case in support of prosecution and for the proper supervision of the
investigation of the case and for the conviction of above said accused
persons, it would be in benefit of the applicant as well as family of the victim
to alleviate the suffering of this trauma if the interim victim compensation be
disbursed in the name of the applicant Haruni or to the victim Rahila.
8. That the victim, applicant has to face trial, which would be a traumatic
experience for her who along with her family is also leading their lives from
much far from their residence due to said crime.
9. That the Hon’ble Court has power to disburse the interim relief as per
provision as noted above to alleviate the suffered minor rape Victim
daughter of the applicant Haruni or in the name of the victim Rahila.
10. That the Hon’ble Court is requested to pass an award for the interim
compensation under Haryana Victim Compensation Scheme, 2020, Part I &
Part II (as amended up to date) in favour of the applicant namely Haruni or in
the name of her minor rape victim daughter Rahila as per the provisions of
the Act for her rehabilitation.
11. That the applicant/victim wants to release the awarded amount in her
own name Haruni or in the name of her minor rape victim daughter Rahila.
It is, therefore, requested to this Hon’ble Court that to pass an award
for interim compensation under the Haryana Victim Compensation Scheme,
2020, Part I & Part II (as amended up to date), in favour of the applicant
Haruni i.e. the mother of the minor rape victim or in the name of victim
Rahila.
Place: Palwal,
Dated : ……………….
Applicant/mother of minor rape victim
Through Counsel(s):
Haruni w/o Umar Mohd,
HARYANA GOVT. GAZ., JUNE 2, 2020 (JYST, 12, 1942 SAKA)
FORM-1
{See clause 5}
APPLICATION FOR THE AWARD OF COMPENSATION UNDER COMPENSATION
SCHEME FOR WOMEN VICTIMS/SURVIVORS OF SEXUAL ASSAULT/OTHER
CRIMES, 2020 FOR INTERIM/FINAL RELIEF FOR WOMEN
1. Name of the Applicant HARUNI (MOTHER OF MINOR VICTIM)
Victim(s) or her
Dependent(s)
2. Age of the Victim(s) or her ABOUT 17½ YEARS (ON THE DATE OF
Dependent(s) OCCURRENCE 26.03.2022) NOW ABOUT
18 ½ YEARS (D.O.B. 05.04.2004)
3. (a) Father’s Name UMAR MOHD.
(b) Mother’s Name HARUNI
(c) Spouse’s Name NOT APPLICABLE
4. Address of the Victim(s) NEAR NAHAR MALAI, P.S. UTTAWAR,
or her/their Dependent(s) VILLAGE BHIMSIKA, TEHSIL HATHIN,
DISTT. PALWAL-121103.
5. Date and time of the ON 26.03.2022, AT ABOUT 11:00 P.M.,
Incident THE MINOR VICTIM WHILE SLEEPING
WITH HER MOTHER IN THE HOUSE WAS
FIRSTLY RAPED BY THE ACCUSED
MUSTAFA @ BILLA AND THEN BY
ANOTHER ACCUSED HAKAM, TURN BY
TURN, FORCIBLY AGAINST HER CONSENT
AND WISHES.
6. Whether FIR has been THE FIR NO. 0029 DATED 27.03.2022
lodged? WAS GOT REGISTERED UNDER SECTION
376D,452 IPC & 6 OF POCSO ACT, P.S.
WOMEN PALWAL, DISTT. PALWAL.
7. Whether medical THE VICTIM WAS MEDICO-LEGALLY
examination has been EXAMINED BY DR. ASHA DAGAR, LMO,
done? If yes, enclose CIVIL HOSPITAL, PALWAL, VIDE MLR NO.
Medical Report/Death GHP/AD/80/2022 DATED 27.03.2022
Certificate/P.M. Report.
8. Status of trial, if pending. CASE IS UNDER TRIAL; WHEREAS THE
If over, enclose copy of APPLICATION IS BEING FILED.
Judgment and order on
sentence.
9. Has the applicant been NO
awarded any
compensation by the trial
court or any other Govt.
agency. If, yes give
details.
10. Give details of financial THE VICTIM ALONG WITH HER FAMILY
expenditure/loss incurred. SUFFERED A LOSS OF THEIR INCOME ON
THE DATES ON WHICH THEY REMAINED
BUSY IN REGISTERING FIR, MEDICO-
LEGAL EXAMINATION OF THE VICTIM
APART FROM THAT PREPARATION OF
CASE ETC. GETTING THE PROCEEDINGS
OF THE CASE CONDUCTED BY THE
POLICE AND IN COMING TO THE COURT
FOR DEPOSING IN THE CASE IN
ADDITION TO IT, THE VICTIM AND HER
FAMILY MEMBERS HAVE SUFFERED A
GREAT MENTAL PAIN AND AGONY AND
THE LOSS OF SOCIAL VALUES IN THE
SOCIETY.
11. Have you instituted any NO
civil suit/claim against the
perpetrator of offence. If
yes give details.
SIGNATURE OF THE VICTIM/DEPENDENT (HARUNI)

(Mother of the minor rape victim)
Through Counsel(s):
Archana Singh,
Komal Rajpoot, Advocates
Distt. & Sessions Court, Palwal
FIR No. 0029 dated 27.03.2022
U/s 376D,452 O{C
& 6 POCSO Act
AFFIDAVIT/UNDERTAKING
[Clause 5(2) of VCS]
I, Haruni (Aadhaar No. 7860 4744 6952) aged about ….. years wife of Umar
Mohd., resident of Near Nahar Malai, P.S. Uttawar, village Bhimsika, Tehsil
Bahin, Distt. Palwal, Haryana-121103, is the mother of the minor rape victim
as recorded in FIR No. 0029 dated 27.03.2022, U/s 376D,452 IPC and 6
POCSO Act, P.S. Women Palwal, Distt. Palwal, do hereby solemnly affirm and
declare as under:-
If trial court while passing judgment at a later date in the above said case
and orders the accused to pay any amount by way of compensation under
sub-section 3 of section 357 of Cr.P.C.
a) If the amount has been paid to me i.e. Haruni or the victim of the crime,
U/s 357(3) of Cr.P.C., I the deponent/Haruni (mother of the minor rape
victim of the crime) shall remit an amount equal to the amount of
compensation or the amount ordered to be paid under sub-section (3) of
section 357 of Cr.P.C., whichever is less,

b) If the amount has not been paid to me i.e. Haruni, U/s 357(3) of Cr.P.C., I
i.e. the mother of the minor rape victim shall not claim the amount equal
the amount of the compensation or the amount ordered to be paid under
sub-section (3) of section 357 of Cr.P.C., whichever is less.
c) That the deponent undertakes that the compensation amount shall be
spent by her only for the welfare of her minor rape victim daughter and
no other purpose.
Deponent
Verification:
Verified that the contents of this affidavit are true and correct to the
best of my knowledge and belief and nothing has been concealed therein.
Verified at Palwal on …………………..
Deponent

FIR No. 0029 dated 27.03.2022
U/s 376D,452 O{C
& 6 POCSO Act
declare as under:-
1. That the deponent is permanent resident of the above said address.

2. That the income of deponent’s family is approx. Rs. 96,000/- p.a. i.e.
below of Rs. 1,50,000/- p.a. from all source of income, not exceeding
the amount of Rs. 4,50,000/- per annum.
3. That the deponent is a poor person and has no source of sufficient
income and also has/have no sufficient means to rehabilitation her minor
rape victim daughter of the crime as recorded in the above mentioned
FIR.
4. That the minor daughter RAHILA of the deponent has bank account no.
53990100009383 in Bank of Baroda, Branch at Gehlab Road, Near Ram
Mandir, Hathin, Haryana-121103, IFSC: BARBOHATHIN. The copy of
passbook issued on 12.01.2023 is attached.
5. That the deponent undertakes that the compensation amount shall be
spent by the deponent only for the welfare of her minor daughter i.e. the
rape victim and no other purpose.
6. That the deponent wants to get final compensation under this scheme to
care and support her minor rape victim daughter.
7. That neither any of members of deponent’s family is employed with
Central or State Government nor Income Tax Assesses.
8. That the deponent has not received any compensation in this case from
any insurance company and under any scheme of Central or State
Government for minor rape victim like the daughter of the deponent.
9. That neither me nor my family have received compensation from the
State in respect of crime in question from any collateral source like
insurance, ex-gratia, Rajeev Gandhi Yojana or under any other State-run-
Scheme.
10.That in case me or my family receive the compensation from any of the
collateral sources as above, same may be adjusted in compensation
payable under the V.C.S Act, the balance amount would be paid to me
out of the fund under this scheme.
11.That the deponent, victim along with my family shall help/support the
police during the investigation of the case; and that will support the
prosecution by not hostile from the previous stand during trial of the
case, in case amount is disbursed to me before the completion of
investigation or trial of the case.
Deponent
Verification:
Verified that the contents of this affidavit are true and correct to the best
of my knowledge and belief and nothing has been concealed therein.

Deponent
AFFIDAVIT
Bahin, Distt. Palwal, Haryana-121103, the mother of the minor rape victim,
do hereby solemnly affirm and declare as under:-
1. That the deponent is the permanent resident of the above said address
along with her minor rape victim daughter RAHILA as recorded in FIR No.
0029 dated 27.03.2022, U/s 376D,452 IPC and 6 POCSO Act, P.S. Women
Palwal, Distt. Palwal.
2. That I undertake if the Trial Court/Appellant Court while passing the

judgment at later orders the accused person to pay any amount by way of
compensation under sub section 3 of section 357 of Cr.P.C., the
victim/deponent shall remit an amount equal to the amount of
compensation or the amount ordered to be paid under the said sub
section 3 of section 357 Cr.P.C. Act whichever is less.
Deponent
Verification:
Verified at Palwal on ……………..
Deponent
AFFIDAVIT
declare as under:-
1. That the bank account number of the victim daughter RAHILA of the
deponent is 53990100009383 in Bank of Baroda, Branch at Gehlab Road,
Near Ram Mandir, Hathin, Haryana-121103, IFSC: BARBOHATHIN. The
copy of passbook issued on 12.01.2023 is attached.
2. That I shall use the interest for the maintenance and welfare of her minor
victim daughter from the fixed deposit of Rs. ……………………../- in my name
or in the name of her minor victim daughter Rahila.
3. That my daughter Rahila and I, Haruni shall furnish an undertaking to this
effect and shall supply a copy of this order to the Manager of the
concerned Bank, where the above said account situated for verbatim
compliance of this order. The fixed deposit amount shall be given to the
victim on its maturity.
Deponent
Verification:
Deponent

FIR No. 0029 dated 27.03.2022
U/s 376D,452 O{C
& 6 POCSO Act
I, Rahila (Aadhaar No. 3574 2658 7960) aged about 17½ years (D.O.O.) now
about 18¼ years daughter of Haruni wife of Umar Mohd. resident of Near
Nahar Malai, P.S. Uttawar, village Bhimsika, Tehsil Bahin, Distt. Palwal,
Haryana-121103, is the minor rape victim as recorded in FIR No. 0029 dated
27.03.2022, U/s 376D,452 IPC and 6 POCSO Act, P.S. Women Palwal, Distt.
Palwal, do hereby solemnly affirm and declare as under:-
If trial court while passing judgment at a later date in the above said case
and orders the accused to pay any amount by way of compensation under
sub-section 3 of section 357 of Cr.P.C.
a) If the amount has been paid to my mother Haruni or to me i.e. the victim
of the crime, U/s 357(3) of Cr.P.C., I the deponent or Haruni (mother of
the deponent/victim of the crime) shall remit an amount equal to the

amount of compensation or the amount ordered to be paid under sub-
section (3) of section 357 of Cr.P.C., whichever is less,
b) If the amount has not been paid to my mother Haruni or to me i.e. the
victim of the crime, U/s 357(3) of Cr.P.C., my mother Haruni or me i.e. the
victim shall not claim the amount equal the amount of the compensation
or the amount ordered to be paid under sub-section (3) of section 357 of
Cr.P.C., whichever is less.
c) That the deponent undertakes that the compensation amount shall be
spent only for the welfare of the deponent i.e. the minor rape victim
Rahila and no other purpose.
Deponent
Verification:
Deponent

FIR No. 0029 dated 27.03.2022
U/s 376D,452 O{C
& 6 POCSO Act
1. That the deponent is permanent resident of the above said address.

2. That the income of deponent’s family is approx. Rs. 96,000/- p.a. i.e.
below of Rs. 1,50,000/- p.a. from all source of income, not exceeding
the amount of Rs. 4,50,000/- per annum.
3. That the deponent’s family is a poor person and has/have no source of
sufficient income and also has/have no sufficient means to rehabilitation
deponent/minor rape victim of the crime as recorded in the above
mentioned FIR.
4. That the bank account number of the deponent is 53990100009383 in
Bank of Baroda, Branch at Gehlab Road, Near Ram Mandir, Hathin,
Haryana-121103, IFSC: BARBOHATHIN. The copy of passbook issued on
12.01.2023 is attached.
5. That the deponent undertakes that the compensation amount shall be
spent by the deponent or by her family only for the welfare of the
deponent/minor rape victim and no other purpose.
6. That the deponent wants to get final compensation under this scheme to
care and support the deponent/minor rape victim.
7. That neither any of members of deponent’s family is employed with
Central or State Government nor Income Tax Assesses.
8. That the deponent has not received any compensation in this case from
any insurance company and under any scheme of Central or State
Government for minor rape victim like the family of the deponent.
9. That neither me nor my family have received compensation from the
State in respect of crime in question from any collateral source like
insurance, ex-gratia, Rajeev Gandhi Yojana or under any other State-run-
Scheme.
10.That in case me or my family receive the compensation from any of the
collateral sources as above, same may be adjusted in compensation
payable under the V.C.S Act, the balance amount would be paid to me
out of the fund under this scheme.
11.That the deponent i.e. victim along with my family shall help/support the
police during the investigation of the case; and that will support the
prosecution by not hostile from the previous stand during trial of the
case, in case amount is disbursed to me/my family before the completion
of investigation or trial of the case.
Deponent
Verification:
Verified that the contents of this affidavit are true and correct to the best
of my knowledge and belief and nothing has been concealed therein.

Deponent
AFFIDAVIT
Haryana-121103, is the minor rape victim, do hereby solemnly affirm and
declare as under:-
1. That the deponent is the permanent resident of the above said address as
recorded in FIR No. 0029 dated 27.03.2022, U/s 376D,452 IPC and 6
POCSO Act, P.S. Women Palwal, Distt. Palwal.
2. That I undertake if the Trial Court/Appellant Court while passing the

judgment at later orders the accused person to pay any amount by way of
compensation under sub section 3 of section 357 of Cr.P.C., the
victim/deponent shall remit an amount equal to the amount of
compensation or the amount ordered to be paid under the said sub
section 3 of section 357 Cr.P.C. Act whichever is less.
Deponent
Verification:
Deponent
AFFIDAVIT
1. That the saving bank account number of the deponent RAHILA is

53990100009383 in Bank of Baroda, Branch at Gehlab Road, Near Ram
Mandir, Hathin, Haryana-121103, IFSC: BARBOHATHIN. The copy of
passbook issued on 12.01.2023 is attached.
2. That I shall use the interest for the maintenance and welfare of myself i.e.
the victim of the crime from the fixed deposit of Rs. ……………………../- in
my name or in the name of my applicant mother Haruni.
3. That the deponent and my mother, Haruni shall furnish an undertaking to
this effect and shall supply a copy of this order to the Manager of the
concerned Bank, where the above said account situated for verbatim
compliance of this order. The fixed deposit amount shall be given to me
i.e. the victim on its maturity.
Deponent
Verification:
Deponent

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IN THE HON’BLE COURT OF SH.

MAHESH KUMAR, LEANRED ADDITIONAL

SIGNATURE OF THE VICTIM/DEPENDENT (HARUNI)

sub-section 3 of section 357 of Cr.P.C.

U/s 357(3) of Cr.P.C., I the deponent/Haruni (mother of the minor rape

victim of the crime) shall remit an amount equal to the amount of

compensation or the amount ordered to be paid under sub-section (3) of

section 357 of Cr.P.C., whichever is less,

the amount of the compensation or the amount ordered to be paid under

sub-section (3) of section 357 of Cr.P.C., whichever is less.

c) That the deponent undertakes that the compensation amount shall be

State Versus Mustafa @ Billa & Hakam

1. That the deponent is permanent resident of the above said address.

Verified at Palwal on …………………..

2. That I undertake if the Trial Court/Appellant Court while passing the

State Versus Mustafa @ Billa & Hakam

sub-section 3 of section 357 of Cr.P.C.

of the crime, U/s 357(3) of Cr.P.C., I the deponent or Haruni (mother of

the deponent/victim of the crime) shall remit an amount equal to the

section (3) of section 357 of Cr.P.C., whichever is less,

or the amount ordered to be paid under sub-section (3) of section 357 of

Cr.P.C., whichever is less.

c) That the deponent undertakes that the compensation amount shall be

Rahila and no other purpose.

State Versus Mustafa @ Billa & Hakam

1. That the deponent is permanent resident of the above said address.

Verified at Palwal on …………………..

2. That I undertake if the Trial Court/Appellant Court while passing the

1. That the saving bank account number of the deponent RAHILA is

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