21 November,2023 03:17 PM IST | Aurangabad | mid-day online correspondent
Bombay High Court/ File Photo
The Bombay High Court's Aurangabad bench stressed that courts have a legal obligation to compensate victims for losses and damages brought on by the actions or inactions of other parties, in addition to providing compensation, according to a PTI report.
The High Court, according to the report, upheld the conviction of a man who was found guilty in 2017 of killing his wife due to a financial dispute, leaving their two small boys orphaned. The District Legal Services Authority of Jalgaon was also instructed to make sure the orphaned children received rehabilitation or compensation.
An advocate, according to the report, appointed to appear for the minor boys had told the court that since their mother's death and father being in jail. they were under their grandmother's care. He had sought compensation for the two children.
The HC was quoted as saying, "Courts of law are not only obliged to exercise their power to award compensation but also have the legal duty to compensate a victim for the loss and injury inflicted as a result of an act or omission on the part of the other party."
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The Court emphasised that courts have a legal duty to compensate victims for harm caused by the actions or inactions of others, in addition to exercising their power to award compensation. This duty was cited in reference to Section 357A of the Code of Criminal Procedure, which requires the government to provide rehabilitation or compensation to victims of crime.
The District Legal Services Authority was directed by the Court to investigate the children's circumstances, including their educational and financial backgrounds, and to implement suitable measures for their substantive rehabilitation, stressing the importance of a comprehensive approach.
Furthermore, the Court denied the convicted man's appeal, citing the dying woman's declaration and one of the sons' testimony as evidence of his guilt in the case. The conviction was maintained because the court noted the consistency of the dying declaration and believed the son's testimony to be reliable.
"We are convinced that the dying declaration carries no infirmity so as to discard or doubt it," the HC said adding, "We find that his evidence is inspiring confidence."
With agency inputs
