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Bombay High Court Orders Rehabilitation for Children Whose Father Set Mother Ablaze

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Published on: November 21, 2023 at 17:44 IST

The Bombay High Court has directed the District Legal Services Authority (DLSA) in Jalgaon to locate and rehabilitate two children whose mother was murdered by their father.

The court, emphasizing the legal duty to compensate victims, upheld the murder conviction of the children’s father.

A division bench comprising Justice Vibha Kankanwadi and Justice Abhay Waghwase in Aurangabad noted, “Courts of Law are not only obliged to exercise their power to award compensation but also have a legal duty to compensate a victim for the loss and injury inflicted as a result of acts and omissions on the part of the other party.”

The court directed the DLSA to ascertain the current whereabouts, educational status, and financial situation of the children and, upon satisfaction, take appropriate steps for their meaningful rehabilitation.

The case involved the appellant, charged with offenses under Section 302 and 504 of the IPC. The deceased’s dying declarations, recorded at Dhule Civil Hospital, accused the husband of setting her ablaze due to alcohol addiction and financial demands.

Defense counsel challenged the reliability of the dying declarations, citing the victim’s capacity, possible doctor endorsement, and lack of independent witnesses. However, the court found the declarations consistent and reliable, dismissing the appeal.

For the welfare of the orphaned children, the court invoked Section 357-A of the CrPC, directing the DLSA to initiate rehabilitation measures based on their current needs and circumstances.

Case Title: ABC v. State of Maharashtra