The Madras High Court has asked the State to compensate a woman who was falsely convicted under the Immoral Traffic (Prevention) Act, 1956: Madras High Court
The Madras High Court passed a judgement on 29th of March, 2023 in which it directed the State to pay compensation to a woman who was falsely implicated under the Immoral Traffic (Prevention) Act, 1956. This was seen in the case of X v. State of Tamil Nadu and Ors. W.P.(MD).No.2584 of 2016 and WMP(MD).No.2295 of 2016 and the case was presided over by Honourable Mr. Justice R. Vijayakumar
FACTS OF THE CASE:
The petitioner was arrested by the police on the basis of a complaint from one Sasikumar under the Immoral Traffic (Prevention) Act, 1956. She was detained for 13 days in a Women Home at Madurai before being let out on bail. The Deputy Superintendent of Police from the District Crime Branch of Nagercoil had conducted the inquiry and found that the case was filed against her due to personal vengeance by the respondents. The charge sheet against the petitioner was subsequently quashed. She later claimed a compensation for the distressed cost to her due to the false accusations.
The learned single judge held that the State has to compensate the woman with ₹2,00,000 for the violation of privacy and the loss of reputation caused to her. The State cannot dodge its liability by claiming that the police officers were not doing their official duty. The court also set aside the arguments made by the State contending that the actual chargesheet was quashed and thus it need not pay any compensation. Finally, the court also held that because the state had not taken any action against the officers involved it has to go ahead with the compensation.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA