Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
Prathiba M. Singh and Amit Sharma, JJ.
S.V. – Appellant
versus
State – Respondent
Crl.A. No.728 of 2024 and Crl.M.(Bail) No.1343 of 2024
Decided on 10.12.2024

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.

IMPORTANT POINT
Penetrative sexual assault on girl child – Whenever any victim/survivor of any of said offences approaches a medical facility, diagnostic facility, diagnostic lab, nursing home, hospital, health clinic etc., whether private and public/Government, such victim/survivor shall not be turned away without providing FREE medical treatment, including first aid, diagnostic tests, lab tests, surgery and any other required medical intervention.

Headnote:
Protection of Children from Sexual Offences Act, 2012 – Sections 6 and 12 read with Sections 363/376(2)(i) and (n) of Indian Penal Code, 1860 – Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 397 – Repeated penetrative sexual assault on girl child – Conviction and sentence – Amount of Rs. 4,12,500/- had been awarded as interim compensation to Survivor – In addition to this, final compensation had been computed at Rs. 13,00,000/- – Final compensation amount of Rs. 13,00,000/- has been released to survivor and has been credited into survivor’s bank account – Whenever any victim/survivor of any of said offences approaches a medical facility, diagnostic facility, diagnostic lab, nursing home, hospital, health clinic etc., whether private and public/Government, such victim/survivor shall not be turned away without providing FREE medical treatment, including first aid, diagnostic tests, lab tests, surgery and any other required medical intervention – If police finds that any medical professional, para-medical professional, medical establishment, whether public or private, refuses to provide necessary medical treatment to such victims/survivors, then a complaint shall be immediately registered under Section 200 of BNS, 2023 (Section 166B of IPC) as the same is a punishable offence – Police may also inform concerned DLSA or DSLSA to enable assistance to victim/survivor – Present order shall be circulated to all Courts dealing with, sexual offences including, POCSO Courts, Criminal Courts, Family Courts, etc., so as to ensure that all victim/survivor, in terms of Section 397 of BNS (Section 357C of Cr.P.C.), are informed of their rights under law and proper steps are taken for referring such cases to concerned medical establishments, whether public/government or private, whenever courts come across such cases where victims/survivors needs such assistance – Copy of order be communicated to all District Legal Services Authorities for necessary information and compliance. (Paras 21, 22 and 23)
Result: Directions issued.

Judgement Key Points

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

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 (!) (!) .
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 (!) (!) .
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 (!) .
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 (!) .
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 (!) (!) (!) .
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 (!) (!) .
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 (!) (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) (!) .
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 (!) (!) (!) (!) .
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 (!) (!) .
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 per the said report, an amount to the tune of Rs.4,12,500/- had been awarded as the interim compensation to the Survivor. In addition to this, the final compensation had been computed at Rs.13,00,000/-.

5. On 2nd September, 2024, the Court had interacted with the Survivor and her mother. The Court had passed various directions, including, in respect of the medical treatment

of the Survivor. The relevant portion of the order dated 2nd September, 2024 reads as under:—

“9. The facts which have emerged after interaction with the parties in Chamber are that, at the time of the incident, the survivor was a student pursuing her studies in 12th grade, however, she could not complete her 12th grade exams because of the incident. In this view of the matter, she has expressed her intention to

complete her Class 12th education. It is also seen after the interaction, that she needs some medical treatment and consultation.

10. The survivor lives with her mother and other two sisters and brother in Nangloi in a tenanted accommodation. The mother works in a school and is earning approximately Rs.5,000/- to Rs.6,000/- per month. The mother and the daughter have expressed that if some amounts may be released to them, it would help in her pursuing her studies as also in getting some treatment.

11. Under such circumstances, after interaction with them in Chamber, the following directions are issued:- i) Out of the total amount of interim compensation i.e., Rs. 13,00,000, the Union Bank of India, Nangloi shall retain a sum of Rs.5,00,000/- in a fixed deposit in the name of the survivor for a period of two years. ii) A further sum of Rs. 5,00,000/- shall be retained in a fixed deposit by the Union Bank of India, Nangloi for a period of one year in the name of the survivor.

12. The remaining amount of Rs.3,00,000/- shall be disbursed in the following manner:-

a) A sum of Rs.1,00,000/- shall be released to the survivor within one week from today.

b) Thereafter, a sum of Rs.10,000/- be released to the survivor by 10th of every month w.e.f. November 2024.

13. The mother of the survivor has assured this Court that she would ensure that the aforesaid amounts are used for the well-being of the daughter.

14. The PLV/DSLSA, who has already been nominated by the DSLSA, shall continue to help the survivor and assist her in filling up her admission form for the Class 12th examinations through the National Institute of Open Schooling ( NIOS’). If the DSLSA is of the opinion that any order is required to be passed by this Court, an application may be moved or the matter may be mentioned.

15. The DSLSA shall also assist the survivor in getting her medically examined in a hospital and also, getting the test conducted such as ultrasound etc., which may be required. If a