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PRATHIBA M. SINGH, AMIT SHARMA
S. V. – Appellant
Versus
State – Respondent


Counsel for the Parties:
For the Appellant:Mr. Sudarshan Rajan (DHCLSC), Mr. Hitain Bajaj, Advocate
For the Respondent:Mr. M.A. Niyazi, Standing Counsel for CBSE with Ms. Anamika Ghai Niyazi, Ms. Kirti Bhardwaj, Ms. Nehmat Sethi, Mr. Arquam Ali Advocates for CBSE.
Mr. Abhinav Pandey, Secretary (Litigation), DSLSA, SI Manoj Kumar, PS Nihar Vihar Mr Ritesh Kumar Bahri APP, Mr Lalit Luthra, Advocate Ms. Harpreet Kalsi, ld. Amicus Curaie with Mr. Vashisht Rao, Advocate Survivor and her mother in person.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The Court has issued directions emphasizing that victims or survivors of penetrative sexual assault on a girl child must receive free medical treatment whenever they approach any medical or diagnostic facility, whether private or public, including first aid, diagnostic tests, surgery, and other necessary medical interventions (!) (!) .

  2. All hospitals, whether public or private, are mandated to provide immediate, free first-aid and medical treatment to victims of offences under relevant sexual offence laws, and to inform the police of such incidents without delay (!) (!) .

  3. The order mandates that medical establishments shall display notices informing victims of free medical treatment for sexual offences, and all medical staff must be sensitized about their legal obligations under the relevant laws and guidelines (!) .

  4. If any medical professional or establishment refuses to provide necessary treatment, a complaint must be immediately registered under the appropriate legal provisions, and police are authorized to inform the relevant legal authorities to assist the victim (!) .

  5. The Court has reiterated the importance of providing comprehensive medical care, including treatment for injuries, sexually transmitted diseases, HIV prophylaxis, pregnancy testing, and psychological counseling, in accordance with existing guidelines and laws (!) (!) (!) .

  6. The Court has directed that all hospitals must treat victims of sexual offences with priority, without insisting on ID proofs in emergent situations, and ensure smooth transfer of victims if necessary (!) (!) .

  7. The legal provisions specify that hospitals are required to provide free treatment for victims of offences under the relevant sections of the Indian Penal Code, the Protection of Children from Sexual Offences Act, and the Bharatiya Nyaya Sanhita, including first aid, diagnosis, hospitalization, and counseling (!) (!) (!) .

  8. The Court has directed that the concerned authorities, including police and legal services, should facilitate the victim’s access to medical treatment and legal assistance, and ensure that these rights are communicated and upheld across all relevant courts and institutions (!) (!) .

  9. The Court emphasizes that the obligation to provide free medical treatment is a statutory right, and non-compliance by any medical facility constitutes a punishable offense (!) (!) .

  10. The Court has also directed the circulation of these orders to all relevant authorities, including police stations, hospitals, courts, and government departments, to ensure awareness and compliance with the directions (!) (!) .

  11. Specific directions have been issued regarding the financial compensation awarded to the survivor, including the creation of fixed deposits and disbursement of funds for her well-being and educational needs (!) (!) (!) .

  12. The Court has taken steps to ensure the survivor’s access to education, medical treatment, and vocational training, including facilitating her enrollment in open schooling and her engagement as a Para Legal Volunteer (!) (!) (!) (!) .

  13. The Court recognizes the importance of sensitizing all medical personnel and institutions to prevent refusal of treatment and to uphold the legal rights of victims, emphasizing the need for systemic awareness and compliance (!) (!) .

  14. The Court has scheduled further proceedings, including the hearing of the application for suspension of the sentence, and has directed the next hearing to be held on a specified future date (!) (!) .

These points collectively highlight the legal obligations of medical and other relevant institutions to provide free and prompt medical treatment to victims of sexual offences, the importance of systemic sensitization, and the ongoing judicial oversight to ensure compliance and victim support.


JUDGMENT (ORAL)

Crl.A.728/2024

Prathiba M. Singh, J.—This hearing has been done through hybrid mode.

2. The present appeal has been filed under Section 415 read with 528 BNSS challenging the judgment dated 30th January, 2024 and the accompanying order of sentence dated 22nd March, 2024. The case against the Appellant had been registered under Sections 363/376(2)(i) and (n) of the IPC and Sections 6 and 12 of the POCSO Act at PS Nihal Vihar. The Appellant is the real father of the survivor, who had allegedly committed penetrative sexual assault, repeatedly upon her.

3. On 13th August, 2024, the ld. APP had informed the Court that the interim compensation awarded by the Trial Court had yet not been released to the survivor. Considering the facts of the case, the Court had directed that urgent steps be taken to trace the survivor and pay her the compensation. The Court had also directed the concerned District Legal Services Authority to file a status report with regard to the delay in disbursing the compensation to the survivor.

4. In compliance of the directions passed on 13th August, 2024, the West District Legal Services Authority had filed a status report dated 27th August, 2024. As

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