Judgment :

Tirthankar Ghosh, J.

The present revisional application has been preferred against the order dated 20.12.2024 passed by learned Additional Sessions Judge, Mekhliganj, Cooch Behar in Criminal Misc. Case No. 131 of 2024 which was preferred in connection with POCSO Case No. 17 of 2024. By the said order, the learned court refused the prayer for interim compensation as advanced by the petitioner who is the mother of the victim girl (“Y”).

The allegation made in the letter of complaint, which is the genesis of Haldibari Police Station Case No. 122 of 2024 dated 29.08.2024, is as follows :

The informant addressed a written complaint to the Inspector-in-Charge, Haldibari Police Station informing that on 24.08.2024 at about 9.30 hrs., her minor daughter, aged about 16+ years, left home by representing that she will attend her tuition classes. After lapse of considerable period of time, the victim girl (“X”) did not return. As such, the mother of the victim girl (“Y”) along with her other relations started searching for her, but the minor victim girl (“X”) was not traceable. The informant had been to the private tutor also who represented that “X” did not attend her tuition classes on the said date. The informant thereafter searched for her daughter at different places, but in spite of best of her efforts, she could not trace out her minor girl. As such, she alleged that her minor daughter had been kidnapped by unknown persons and so the police authorities should investigate the case for tracing out her daughter and take steps against the accused persons. On the basis of such complaint, Haldibari Police Station Case No. 122 of 2024 was registered for investigation under Sections 137(2)/140(3) of the BNS, 2023.

In course of investigation, “X” was recovered from the residence of the accused persons and it was found that as a result of aggravated penetrative sexual assault in due course of time she was carrying a foetus of more than 13 weeks. The investigating agency on completion of investigation also submitted charge-sheet against three accused persons wherein Tapan Kumar Roy was charged under Sections 137(2)/140(3) of the BNS, 2023 read with Section 6 of the POCSO Act and two other accused persons viz. Sumati Roy and Prasenjit Roy were charged under Sections 137(2)/140(3) of the BNS, 2023.

“Y” has approached this Court being aggrieved by the order dated 20.12.2024 passed by the learned Additional Sessions Judge, Mekhliganj, Cooch Behar as the learned court refused the prayer for interim compensation.

The learned court while refusing the prayer for interim compensation was pleased to observe as follows :

“In the instant case, it appears from record as well as from the statement of VG and also from the medical report that the VG left her house and fled away with the accused Tapan Roy and also got married and lived with him. Without getting into the merit of the case, it prima facie speaks about the willingness of VG, although, she was minor as per FIR. Furthermore, the face of the medical report also indicates nothing adverse. Hence, while considering all the material aspects, I do not find it is a fit case where the recommendation for payment of interim compensation at pre-trial stage is necessary. Hence, the application for interim compensation to the victim girl is thus rejected and disposed of accordingly.”

Learned advocate appearing for the petitioner submits that the minor victim girl (“X”) is still suffering and is under constant medical treatment. To that effect, some documents have also been placed before this Court in addition to the documents which have been placed before the learned Special Court.

It is submitted that the purpose of compensation in cases under the POCSO Act is with a definite purpose and for welfare of the minor victim. The same was not taken into account by the learned court and erroneously the aforesaid observations have been made thereby rejecting the prayer of the petitioner in spite of the entitlement