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2021 Supreme(Del) 2150

IN THE HIGH COURT OF DELHI AT NEW DELHI
Anup Jairam Bhambhani, J.
Mst X - Appellant
Versus
State & Ors. - Respondents
W.P. (Crl) No. 1419 of 2020
Decided On : 13-05-2021

Advocates appeared:
Prabhsahay Kaur, Advocate, Nandita Rao, Advocate, Gayatri Virmani, Advocate, Amit Peswani, Advocate, Zeeshan Hashmi, Advocate, Sumeet Chaudhary, Advocate

Headnote:(A) Indian Penal Code, 1860 - Sections 377 and 506 - Protection of Children from Sexual Offences Act, 2012 - Section 6 - Victim Compensation - Interim compensation awarded at Rs. 50,000/- for sexual assault of a minor which was deemed inadequate, leading to an enhancement to Rs. 6,00,000/- by the court. The victim, a 6-year-old boy, had suffered severe psychological trauma and financial instability as per family status report. The court emphasized the need for rehabilitation and educational assistance for the victim. The decision aligns with the suggestions provided in the Delhi Victim Compensation Scheme, considering the need for appropriate compensation given the grievous nature of the offence. (Paras 1-36)

(B) Compensation Framework - Recognition of the differing responsibilities and boundaries between the Delhi Victim Compensation Scheme and the POCSO Act's provisions were discussed, with the court clarifying its authority to award compensation beyond the statutory limits specified by schemes. (Paras 24-26)

Judgement Key Points

Key Points: - Interim compensation awarded to a minor victim can be granted under Rule 9 of the 2020 Rules and Section 33(8) of the POCSO Act, with such compensation being adjustable against final compensation. (!) (!) (!) - In Delhi, the Delhi Victims Compensation Scheme 2018 (DVC Scheme 2018) provides guidelines and maximum/minimum ranges for compensation, with specific provisions for minors (50% enhancement) and interim relief timelines. (!) (!) (!) (!) - The court may set interim compensation amounts (e.g., Rs. 50,000 in the impugned order) and/or direct substantial interim sums (e.g., Rs. 6,00,000 in this case) to be disbursed to the victim with specific disbursement terms (FDs, joint accounts, timelines). (!) (!) (!) - The NALSA/NALSA 2018 and DVC Scheme 2018 function as guidelines for interim/final compensation where no explicit state-specific scheme exists, with Delhi recognizing DVC as guiding the court’s determination. (!) (!) - Courts must consider factors such as gravity of offence, medical treatment costs, educational loss, employment loss, financial condition, and other relevant factors when awarding compensation. (!) (!) (!) (!) - Interim relief for acid attacks has special provisions (higher immediate sums and timelines) under the schemes. (!) (!) - Final disbursement methods include fixed deposits, savings accounts in the minor’s name, and restrictions on premature encashment to protect the beneficiary’s interests. (!) (!) (!)

How to determine interim compensation for a minor victim under POCSO and related schemes?

What is the appropriate quantum and modality of interim compensation for a minor victim of sexual offences in Delhi?

What are the factors and framework governing compensation awarded to child victims under the POCSO Act and Delhi schemes?


Table of Content
1. background of sexual assault case (Para 1 , 2)
2. arguments on compensation inadequacy (Para 3)
3. overview of court's procedural considerations (Para 4 , 5 , 6)
4. statutory provisions for victim compensation (Para 7 , 8 , 9 , 10)
5. guidelines on compensation for minors (Para 11)
6. application for interim compensation details (Para 14 , 15)
7. comparison with other judicial precedents (Para 16 , 17 , 18 , 19)
8. court's conclusion on compensation assessment (Para 22 , 23 , 24)
9. damaging effects of the crime on the victim (Para 25 , 26 , 27 , 28)
10. final compensation order and its implications (Para 33 , 34)
11. disposal of the petition (Para 36 , 37 , 38)

JUDGMENT

Anup Jairam Bhambhani, J. - The petitioner, a boy aged about 06 years, has filed the present petition through his mother and natural guardian, impugning order dated 19.08.2020 made by the learned Additional Sessions Judge (ASJ) (POCSO), Saket Courts, New Delhi in CIS SC No. 66/2020 arising from FIR No. 645/2019 registered under sections 377/506 of the INDIAN PENAL CODE , 1860 ('IPC', for short) read with section 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act', for short) at P.S.: Mehrauli, New Delhi, whereby the learned Sessions Court has awarded to the petitioner, who was the victim of the offence, interim compensation of Rs. 50,000/-.

2. By way of a brief background, the proceedings arise from the petitioner/victim having been subjected to sexual assault, abuse and sodomy by his uncle in the victim's own house. The prosecution of the accused is underway and is presently at the stage of prosecution evidence, which is scheduled on 18.05.2021. It is stated in the petition that the victim belongs to an extremely weak financial background, with a mother who works as a housemaid and washes utensils in people's homes and a bed-ridden father who is unable to work due to his medical condition. As per status report dated 27.07.2020 filed by the Investigating Officer before the learned ASJ the family's monthly household income is about Rs.6,000/- in which 04 members of the family are to sustain.

3. Ms. Prabhsahay Kaur, learned counsel appearing on behalf of the petitioner contends that order dated 19.08.2020 made by the learned ASJ in CIS SC No. 66/2020 ('impugned order', for short) is flawed inasmuch as in awarding interim compensation of Rs. 50,000/-, the learned ASJ has only taken into account the expected expenditure that the victim may incur. In sum and substance, it is Ms. Kaur's contention that the learned ASJ has failed to appreciate that, even at the interim stage, compensation is to be granted to a minor who is victim of sexual abuse, to enable the victim and his family to overcome the incident and to compensate for the damaging effect on the victim's psyche and to help rehabilitate the victim into society; for 'relief' and 'rehabilitation'; and not merely to cover for the expenses to be incurred for the time being. Learned counsel further contends that treating the Delhi Victim Compensation Scheme 2018 ('DVC Scheme 2018', for short) as a benchmark, interim compensation awarded should have been somewhere between Rs. 6 lacs and Rs.10.50 lacs; since under the applicable entry of the Schedule to Part II of the DVC Scheme 2018, a minimum compensation of Rs.4 lacs and a maximum compensation of Rs.7 lacs has been prescribed for unnatural sexual assault, with a further provision that such minimum and maximum compensation shall stand increased by 50% if the victim is a minor. It is contended that this is in accord with the decision of the Hon'ble Supreme Court in Nipun Saxena & Anr. Vs. Union of India & Ors., 2019 13 SCC 715, in which case it was inter alia directed that the National Legal Services Authority Compensation Scheme as approved by the Hon'ble Supreme Court w.e.f. 02.10.2018 should function as a guideline for the special courts to award compensation for a victim of child sexual abuse under Rule 7 of Protection of Children f

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