Compensation for enforceme of fundamental Right of life & liberty
One got sentence U/s 302 IPC for life & fine of Rs.5 k in Sep,1997 in a murder Case by Session Court. After appeal in high court in Oct, 1997 & he acquitted given benefits of doubt in Aug, 2011.He file application u/s 340 IPC in session Court in Feb 2012 against SDM & I.O of the case which dismissed in May,2014.
Now he wants to file Case for Compensation against State.Is he entitle for the same since during the span of 25 Year he not only his service, but also lost his family members, lost his house,gone through mental trauma & childhood of his son.If Yes under what section .Is this behind limitation period and whether he file criminal Writ Petition or civil.Should the case file in High Court or in District Court and for How much compensation be claim and under Which section.
Asked 7 years ago in Criminal Law
Religion: Hindu
Is their any remedy through Which one got compensation from States as the victim is senior citizen at present & live in rent house with son,granndson & daughter in Law & at the age of 60+ facing hardship to earn bread & butter for his family.He has lost his entire capital during seeking his innocence. How much compensation is to be claim so that he may live peaceful rest of his life & do something for his children.
Asked 7 years ago
What kind of case to be file according to law.Whether Criminal or Civil . How much possibility for getting remedies apart from Writ. Any other Case which can be filed and in Which court as the victim is living in Delhi and Case is also registered in Delhi.
Asked 7 years ago
Under what section case can be file . Whether it is enforcement of fundamental right .Can it be filed in High Court or District Court.Whether Articles 14 and 21 of Constitution relate to the case.
Asked 7 years ago
Any specific case law in this regards be welcome.Is this attract Sec.358 CrPC or Sec.226.If another section please specify.
Asked 7 years ago
Since fundamental Right of victim is hurt and offence is continuing everyday is limitation period count from the date of order of High Court I.e Aug 2011 or from date of disposal of app.u/s 340 IPC in session Court I.e. May,2014. In case Writ Petition is file and where to file Case.Whether it should be criminal or Civil.And whether Court fee applicable or not.
Asked 7 years ago