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The High court noted the victim was seven years old at the time of the incident.
The trial court had awarded a 12-year jail term to the convict in the matter but the victim was given Rs 50000 as compensation. This order of awarding compensation was challenged at the High court.
Justice Jasmeet Singh directed the respondents in the matter to pay Rs 10 lakh as compensation to the minor victim within four weeks.
Justice Singh said, “I am of the view that this is the case where the child is to be rehabilitated. She is in need of maximum compensation under the scheme and the act and it is therefore directed that the respondent shall pay Rs 10 lakhs (10.5 lakhs less Rs. 50,000 if already paid), in terms of schedule II within four weeks of the passing of this order.”
“In the present case, the impugned order does not disclose that judicial parameters which have been applied or give any reasons while awarding the compensation,” the bench observed.
The learned Additional Sessions Judge (ASJ) in the said order, has come to the categorical finding that the child is a victim of penetrative sexual assault.
The child victim, on the date of the assault, was a 7-year-old girl, the bench noted.
For the aforesaid reasons the award of compensation of Rs 50,000 for mental trauma and bodily injury is highly insufficient and cannot be sustained and is set aside, the bench ordered on October 20, 2022.
Justice Singh opined, “I am of the opinion that the Ld. ASJ (POCSO) has failed to provide any reasoning for awarding the amount of Rs 50,000 as compensation. Even after finding the accused person guilty of the offences under sections 342 IPC and Section 6 of the POCSO.”
The final compensation to survivors of child sexual abuse should be the maximum amount mentioned in the schedule. For instance, for “rape” maximum compensation mentioned is 7 lakhs. Since the cases are under
POCSO, the Child Sexual Abuse (CSA) survivor is also entitled to 7 lakhs plus 50 per cent of 7 lakhs i.e., 10.5 lakhs. This is to be awarded by the Special Court and to be disbursed by DSLSA/DLSA, the bench said in the judgement.
It is also said that 25 per cent of the maximum compensation should be released to the victim within 8 weeks of the filing of the charge sheet.
If the Special Court is of the opinion that 25 per cent will not meet the rehabilitative needs of the survivor, it can award more than 25 per cent. However, it will give reasons for awarding more than 25 per cent, the judgement read.
The high court passed the above direction including others while disposing of an appeal filed by the appellant, being aggrieved of the compensation of Rs 50,000 awarded to the victim, the appellant’s daughter.
The ASJ on June 22, 2019 convicted the accused and in its order of sentence dated August 30 2019, besides sentencing the accused to 12 years of Rigorous Imprisonment and a 20,000 fine, granted Rs 50,000 as compensation to the child in lieu of the mental trauma and bodily injury experienced by her. (ANI)
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