Case Details of File Number: 142/33/10/2012-WC
Diary Number 20817
Name of the Complainant SHIRIN SHABANA KHAN, MEMBER-SENIOR MANAGEMENT TEAM
Address MANAVADHIKAR JAN NIGRANI SAMITI, SA 4/2 A, DAULATPUR, VARANASI , UTTAR PRADESH
Name of the Victim MANJU BINJHWAR D/O RAMADHAR
Address VILLAGE. BHAISMUNDA, KORBA , CHHATTISGARH
Place of Incident KUSMUNDA RAILWAY STATION KORBA , CHHATTISGARH
Date of Incident 1/1/1991
Diary Number 20817
Name of the Complainant SHIRIN SHABANA KHAN, MEMBER-SENIOR MANAGEMENT TEAM
Address MANAVADHIKAR JAN NIGRANI SAMITI, SA 4/2 A, DAULATPUR, VARANASI , UTTAR PRADESH
Name of the Victim MANJU BINJHWAR D/O RAMADHAR
Address VILLAGE. BHAISMUNDA, KORBA , CHHATTISGARH
Place of Incident KUSMUNDA RAILWAY STATION KORBA , CHHATTISGARH
Date of Incident 1/1/1991
Direction issued by the Commission This proceeding shall be read in continuation of the earlier proceedings of the Commission dated 13.5.2013. The report of SP (Railways), Raipur dated 20.6.2013 shows that a sum of Rs. 50,000/- only was sanctioned by the DM, Korba on the report of Asstt. Commissioner, Tribal Development, out of which Rs. 25,000/- was paid to the victim Manju Binjwar as monetary relief in respect of crime no. 13/12 u/s 371/511/307 IPC and Section 3 (1) (10) of SC/ST (PA) Act of PS G.R.P., Bilaspur. The remaining amount is to be paid after the judgement of the court. The Commission has considered the above report. In the aforesaid crime, a charge sheet was submitted against the accused u/s 376/307 IPC in addition to Section 3 (1) (10) of SC/ST (PA) Act. The offences u/s 376 and 307 IPC were punishable up to 10 years imprisonment and even up to life time imprisonment. Therefore, this victim was entitled to get interim compensation under Item No. 17 and additional relief u/s Item No. 21 of Annexure-1.of the Schedule to Rule 12 (4) of the SC/ST (PA) Rules, 1995 as amended by the Ministry of Social Justice and Empowerment, Government of India vide notification dated 23.12.2011. Thus, the victim was entitled to get Rs. 1,20,000/- out of which 50% ought to have been paid after her medical examination and remaining as per of the judgement of the court. Besides it, she was also entitled to other help/reliefs that may be given to her under Item No. 21 of the above Schedule. The Commission had already directed the concerned authorities of the Railways at Raipur to pay the interim relief to the victim at an enhanced rate of Rs. 1,20,000/- vide its communication dated 13.2.2012 but it has not been complied with as yet. The DM as well as SP, Railways, Raipur are, therefore, directed to ensure that remaining Rs. 35,000/- i.e. half of the total monetary relief of Rs. 1,20,000/- is paid to the victim as early as possible. A report of payment along with proof be sent within six weeks positively. In addition to above monetary relief, other possible help, if needed, may also be provided to the victim under Item No. 21 of the Schedule. A copy of the said report should also be submitted to the Special Court trying the case under the Provisions of Rule 12 (7) of the SC/ST (POA) Rules, 1995.
Action Taken Additional Information Called for (Dated 11/28/2013 )
