IMPORTANT POINT
Non-recommendation under Section 357A (2) or (3) of Cr.P.C. will not preclude High Court to consider and grant compensation to victim of rape.

ORDER

Sanjay K. Agrawal, J.—Proceedings of this matter have been taken-up for final hearing through video conferencing.

2. This writ petition projects the helplessness of the petitioner herein – rape victim (minor) at whose instance the accused (juvenile) has been found guilty and convicted for the criminal offences by the Juvenile Justice Board constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, ‘the JJ Act of 2015’), but till this date she has not been paid a single penny towards compensation, either interim or final, despite clear pronouncements of their Lordships of the Supreme Court in catena of judgments including that of Suresh and another v. State of Haryana, (2015) 2 SCC 227 : 2014 (4) Crimes 363/ 2014 (8) Supreme 289mandating the criminal courts to advert to Section 357A of the Code of Criminal Procedure, 1973 (for short, ‘the Code’) at the time of final hearing and to award appropriate compensation to the rape victim as a matter of rule to enable her and her family to rehabilitate compelling the rape victim / petitioner to file this writ petition asking for compensation from the State and its authorities.

3. The petitioner (rape victim) made a report against the accused (juvenile) for the offences punishable under Sections 363, 366 & 376 of the IPC and Sections 3 & 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO Act’) and ultimately, he was charged for those offences and also charge-sheeted, but though he was also charge-sheeted for the offences punishable under Sections 3 and 4 of the POCSO Act, but since the accused was juvenile, therefore, as per the provision contained in Section 34(1) of the POCSO Act, he was tried by the Juvenile Justice Board constituted under the Act of 2015 and ultimately, by judgment dated 2-3-2020, he was found guilty and convicted by the Juvenile Justice Board for offences under Sections 363, 366 & 376 of the IPC and Sections 3 & 4 of the POCSO Act as per the provisions contained in the JJ Act of 2015 and also he was sentenced to fine of Rs. 1,000/-, but no order was passed directing payment of compensation to the petitioner (victim) as provided under Section 357 of the Code. The learned Juvenile Justice Board also did not consider it appropriate to recommend to the District Legal Services Authority (DLSA) or the State Legal Services Authority (SLSA) in terms of Section 357A of the Code for grant of compensation to the petitioner which compelled the petitioner to file this writ petition seeking compensation for her rehabilitation.

4. It is the case of the petitioner that she is a rape victim and the accused has also been found guilty by the Juvenile Justice Board, yet, she has not been paid even a single penny as compensation either as an interim measure or final, though Section 33(8) of the POCSO Act read with Rule 7 of the Protection of Children from Sexual Offences Rules, 2012 clearly provides that in appropriate cases, the Special Court may, in addition to the punishment, direct payment of such compensation as may be prescribed to the child for any physical or mental trauma caused to him or for immediate rehabilitation of such child, as such, she is entitled for compensation as per the compensation scheme floated by the State Government that is called as “the Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018” (for short, ‘the Scheme of 2018’).

5. Opposing the writ petition, the State Government has filed its return stating inter alia that the Juvenile Justice Board has not made any recommendation to pay compensation in terms of Section 357A of the Code and if compensation has not been paid, remedy of the petitioner is to file appeal under the proviso to Section 372 of the Code and as such, the writ petition as framed and filed is not maintainable and deserves to be