JUDGMENT :

N. Anand Venkatesh, J.

This petition has been filed against the order passed by the Court below rejecting the application filed by the petitioner seeking for compensation under Rule 7 of the Protection of Children from Sexual Offences Rules 2012 (in short "the POCSO Rules").

2. It is seen from records that the daughter of the petitioner, who is a minor, was sexually assaulted by the accused person and the same resulted in a case registered in Crime No.9 of 2015, for an offence under Section 10 of the Protection of Children from Sexual Offences Act (in short "the POCSO Act"). After the completion of the investigation, a final report was filed before the Court below and charges were framed. After a full-fledged trial, a judgment was passed on 05.03.2019 in S.C.No.212 of 2016, wherein, the accused person was convicted for the said offence and was sentenced to undergo five years of Simple Imprisonment and to pay a fine of a sum of Rs.5,000/- in default to undergo further period of six months Simple Imprisonment.

3. The petitioner, even before the judgment, had filed an application under Rule 7 of the POCSO Rules, for the relief of payment of compensation to the victim girl. The Court below did not entertain the application. However, at the time of passing of final judgment, the Court below fixed an interim compensation of a sum of Rs.25,000/- payable by the State Government.

4. The relevant portion of the judgment is extracted hereunder :-

48. The victim child who was aged about 10 years has suffered both physical and mental agony in her young age due to the sexual assault committed on her. She has also faced the trial or sexual offences, which is unsuitable to her age. And this would definetly bother the mental peace of the child. Hence, it is thought fit to award compensation to the victim child under Section 33(8) of The Protection of Children from Sexual Offences Act, 2012 to be payable to her by the State Government from the victim compensation fund. Considering the physical and mental agony suffered by the victim child, an interim compensation of Rs.25,000/- is awarded and the same shall be paid by the State Government from the victim Compensation Fund or other Scheme or Fund as prescribed under Rule 7(4) & (5) of the Protection of Children from Sexual Offences Act 2012.

5. After the judgment was passed, the petitioner re-presented an application under Rule 7 of the POCSO Rules that was filed earlier seeking for compensation. This application has been rejected by the Court below on the ground that the final judgment has already been passed in the case ordering for interim compensation and therefore, no further orders can be passed by the Court and the petitioner has to necessarily approach the Appellate Forum.

6. The learned counsel for the petitioner submitted that the Hon'ble Supreme Court in the Judgment in [Nipun Saxena Vs.Union of India,2018 SCCOnlineSC 2010], has specifically held that the NALSA Compensation Scheme should be taken as a guideline by the Special Court, while awarding compensation to the victims of child sexual abuse, under Rule 7 of the POCSO Rules, until the rules are finalized by the Central Government.

7. The learned counsel further submitted that the Court below did not take note of the judgment of the Hon'ble Supreme Court and was not right in rejecting the application. The learned counsel further submitted that the interim compensation that was awarded by the Court below will fall within Rule 7(1) of the POCSO Rules. The said rule only deals with interim compensation payable to the child, in order to meet immediate needs of the child. The learned counsel by bringing to the notice of this Court Rule 7(2) of the POCSO Rules, submitted that the Court below has to necessarily determine the final compensation that is payable to the child and the interim compensation shall be adjusted against the final compensation.

8. The learned counsel submitted that the Court below failed to take note of the judgmen