G.Saraswathi v. The State
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI G.Saraswathi ... Petitioner Vs.
1.The State Represented by its Principal Secretary, Social Welfare and Women Empowerment Department, Fort St.George, Secretariat, Chennai-600 009. 2.The Director, Directorate of Social Defense, Old No.153, New No.300, Purasawalkam High Road, Kellys, Chennai-600 010.
....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the second respondent to consider the representation dated 16.08.2024 made by the petitioner for the release of the compensation of Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand only) ordered by the learned Special Judge for Exclusive Trial of Cases under POCSO Act, Chennai, in Sessions Case No.371 of 2018 through its judgment dated 04.10.2019 expeditiously.
For Petitioner :
Ms.Deepika Murali For Respondents : Mr.LSM.Hazan Fizal Additional Government Pleader
O R D E R
This Writ Petition has been filed to direct the second respondent to consider the representation dated 16.08.2024 made by the petitioner for release of the compensation of Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand only) ordered by the learned Special Judge for Exclusive Trial of Cases under POCSO Act, Chennai, in Sessions Case No.371 of 2018 through its judgment dated 04.10.2019 expeditiously.
2. The case of the petitioner is that the petitioner is the mother of the victim, who was sexually assaulted by one Senjone, for which, FIR in Crime No.6 of 2018 has been registered on the file of AWPS, Anna Nagar, and after completion of investigation, charge sheet was filed before the trial Court and it was taken on file in Sessions Case No.371 of 2018 and the trial Court convicted the accused and sentenced him to undergo 10 years of
rigorous imprisonment and imposed a fine of Rs.5,000/-, in default, to undergo further period of six months of rigorous imprisonment and awarded compensation to the tune of Rs.6,00,000/- payable by the State Government to the victim, vide judgment dated 04.10.2019. Out of the compensation awarded by the trial Court, the State Government has paid only a sum of Rs.1,50,000/- and the remaining amount has not been paid, hence, the petitioner has made representation before the second respondent on 16.08.2024, however, the same has not been considered. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.
3. The learned counsel appearing for the petitioner would submit that it would suffice, if the second respondent is directed to implement the judgment dated 04.10.2019 passed in Sessions Case No.371 of 2018 by the learned Special Judge for Exclusive Trial of Cases under POCSO Act, Chennai.
4. The learned Additional Government Pleader appearing for the respondent has no serious objection for such an order being passed by this
Court.
5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to implement the judgment dated 04.10.2019 passed in Sessions Case No.371 of 2018 by the learned Special Judge for Exclusive Trial of Cases under POCSO Act, Chennai, within a period of two weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
14.10.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb
To 1.The State Represented by its Principal Secretary, Social Welfare and Women Empowerment Department, Fort St.George, Secretariat, Chennai-600 009. 2.The Director, Directorate of Social Defense, Old No.153, New No.300, Purasawalkam High Road, Kellys, Chennai-600 010.
M.DHANDAPANI, J.
ssb 14.10.2024