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2021 Supreme(Del) 2150

ANUP JAIRAM BHAMBHANI
Mst X – Appellant
Versus
State – Respondent


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

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.:

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