How to refute acid attack compensation case

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Hi
Please refer to para 27 of Supreme court Judgment in Ankush Shivaji Gaikwad Versus State of Maharashtra

The amount of compensation, observed this Court, was to be determined by the Courts depending upon the facts
and circumstances of each case, the nature of the crime, the justness of the claim and the capacity of the accused to pay

In Dilip S. Dahanukar’s case (supra) this Court even favoured an inquiry albeit summary in nature to determine the paying capacity of the offender. The Court said: “.... The purpose of imposition of fine and/or grant of compensation to a great extent must be considered having the relevant factors therefore in mind. It may be compensating the person in one
way or the other. The amount of compensation sought to be imposed, thus, must be reasonable and not arbitrary. Before issuing a direction to pay compensation, the capacity of accused to pay the same must be judged. A fortiori, an enquiry in this behalf even in a summary way may be necessary. Some reasons, which may not be very elaborate, may also have to be assigned; the purpose being that whereas the power to impose fine is limited and direction to pay compensation can be made for one or the other factors enumerated out of the same; but sub- Section (3) of Section 357 does not impose
any such limitation and thus, power thereunder should be exercised only in appropriate cases. Such a jurisdiction cannot be exercised at the whims and caprice of a judge.”

Hope this helps

Advocate Rajagopalan LawRato