The court confirmed that victims of acid attacks are entitled to significant compensation under the relevant victim compensation schemes, emphasizing the court's duty to act compassionately and in accordance with legal provisions.

JUDGMENT :

(J. C. Doshi, J.)

Rule. Learned APP waives service for Respondent No.1 and learned Advocate Ms. Calla waives for Respondent No.3. Though served, none appears for Respondent No.2-original accused.

1. In article titled as ‘Introduction, History and Conceptual Foundations’, published in ‘International Handbook of Multigenerational Legacies of Trauma’, the author Y. Danieli, underscores the value of victim compensation programme in outlining goals and recommendations for the victims of human rights abuse and as such, onset the primary goal as reestablishment of the victim’s value, power and dignity through reparation, accomplished by compensation, both real and symbolic. Aforesaid goal can be achieved when victim compensation programme serves as source of acknowledgment and validation when victims’ are treated compassionately.

2. By way of this petition, filed under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the judgment and order dated 31.08.2021, passed by the learned 2nd Additional Sessions & Special POCSO Judge, Anand (in brief, ‘Court below’), in Criminal Misc. Application No. 944 of 2021, whereby, the Court below granted the compensation of Rs.1,00,000/- under Rule 9(2) of the Protection of Children from Sexual Offences Rules, 2020 (herein after, ‘POCSO Rules’), towards interim compensation with a further direction to release the same, after adjusting any other amount received by the victim, except, the benefit obtained under Mukhyamantri Amrutam Youjna ( ‘MA Scheme’, in brief).

3. The facts leading to the filing of the present petition can briefly be stated as the petitioner-original complainant is the father of the victim girl. The original accused-Respondent No.2 herein as well as the complainant are residing in the same locality. On the fateful day of 09.12.2020, when the victim wake-up to answer the natural call in wee hours, Respondent No.2 intercepted the victim, who was minor at the relevant point of time, near the gate of her house and asked her to have relationship with her, when the victim denied, Respondent No.2 got enraged and dragged her to some distance and forcefully made her drink acid, which he had brought in a bottle. Respondent No.2 then fled the scene of offence, leaving behind the victim in feeble and vulnerable condition. Then the victim returned to her home. In the meantime, the petitioner and other family members had woken-up and since they did not find the victim at home, they searched her outside home. On finding the victim, when the petitioner asked her as to what had happened, the victim could not reply, as she was under tremendous mental and physical trauma and she became unconscious. The victim was therefore taken to Sri Krishna Hospital at Karamsad, where, doctor operated her to treat her injuries.

3.1 The victim regained consciousness on 14.12.2020, i.e. after about four days from the date of incident, whereupon she narrated the entire incident to the petitioner, who registered the FIR bearing No. 11215002210054 of 2021 for the offence punishable under Sections 326(A) of the INDIAN PENAL CODE and Sections 11 (1) of the Protection of Children from Sexual Offences Act, 2012 (in short, ‘POCSO Act’).

3.1.1 Pursuant to the registration of the FIR, the concerned IO carried out the investigation and filed the charge-sheet against Respondent No.2, which came to be registered as Special POCSO Case No. 20 of 2021.

3.2 As a result of the acid attack, the victim has to undergo prolonged medical treatment at different hospitals, which includes Exploratory Laparotomy with Pertomcal Lavage with repair of Necrotic Stomach Patch with Feeding Jejunostomy,, gastronom