Point of Law: Rule 9 deals with grant of compensation.

JUDGMENT :

Appellant/complainant in this appeal is challenging the adequacy of compensation awarded by the trial Court on the file of Additional District and Sessions Judge FTSC-1 UK Karwar (Special Court for trial of cases filed under POCSO) Act in special case No.13/2021 dated 18.01.2022.

2. The factual matrix necessary for disposal of this appeal can be stated in nutshell to the effect that on the strength of the complainant filed by Smt.Lalitha W/o Narasimha Siddi criminal law was set into motion by registering the case in Yellapur P.S. crime No. 219/2010 for the offences punishable under Section 376 of IPC and Section 4 and 6 of POCSO Act. The accused was tried for the said offences in special case No.13/2021. The trial Court after appreciation of evidence on record convicted the accused for the aforesaid offences vide judgment dated 17.01.2022 and imposed sentence as per order of sentence dated 18.01.2022.

3. The trial court apart from fine of Rs.1,00,000/-in exercise of its power under Section 357 (1) of Cr.P.C awarded compensation of Rs.1,00,000/-by exercising the power under Section 357(A) of Cr.P.C. for the rehabilitation of victim girl. The trial Court has directed the District Legal Service Authority (for short 'DLSA') to deposit the said amount in the name of victim girl in any of the nationalized bank and interest accrued on the said deposited amount shall be used for maintenance and rehabilitation of the victim girl.

4. The member secretary District Legal Service Authority, Karwar by letter No.123/2022 dated 22.06.2022 requested Karnataka State Legal Service Authority (for short 'KSLSA') for release of compensation amount of Rs.1,00,000/-awarded by the trial Court. In response to the same KSLSA by letter 58/VCS/856/2022 dated 05.04.2022 directed DLSA Karwar to file appeal for enhancement of compensation as per Karnataka Victim Compensation Scheme, 2011 as per the Schedule Module Victim compensation scheme guidelines framed by NALSA vide government order No.HD42PCB2018, Bangalore dated 25.09.2018, since victim girl being minor is entitled for enhanced compensation as per Sub clause (3) of clause (9) of NALSA compensation scheme for woman victims/survivors of sexual assault/other crimes-2018. In pursuance of the same DLSA by letter No.DLSA/KWR/253/2022 dated 04.05.2022 requested the member secretary High Court Legal Services Committee, Dharwad Bench to prefer appeal. Thereafter by order No.HCLSC/DB/65/2022 dated 18.05.2022 authorized penal advocate to file appeal and on such authorization the present appeal is filed.

5. In the light of above referred background, the moot question that arise for consideration in this appeal are

1. Whether Karnataka victim compensation scheme, 2011 (in shot 'KVCS') and POCSO Act what is the adequate amount of compensation at the interim and final stage?

2. Whether the special Court constituted under POCSO Act is competent to quantify the compensation or the DLSA?

3. Whether victim of offences under the provisions of POCSO can approach either the special Court or the respondent authorities for compensation including interim compensation?.

6. The Hon'ble Apex Court in the judgment in STATE OF RAJASTHAN VS. OM PRAKASH reported in AIR 2002 SC PAGE NO.2235 while considering the need of rehabilitation of child victim held that "Child sexual abuse cases are of perverse lust for sex where even innocent children are not spared in pursuit of sexual pleasure. There cannot be anything more obscene than this. It is a crime against humanity. The victims of sexual assault under POCSO Act need special care and protection. The responsibility of trial Court is more onerous, so as to provide proper legal protection to these children. Their physical and mental immobility call for such protection and needs different approach is required to be adopted."

In the light of above referred principles enunciated by Hon'ble Apex Court, it is evident that the protection of children from sexual abuse has to be dealt with so