2021 Supreme(Mad) 1476

IN THE HIGH COURT OF MADRAS, MADURAI BENCH
G.R. Swaminathan, J.
Mahalakshmi – Appellant
Versus
The District Collector, Virudhunagar and Ors. – Respondents
W.P. (MD) No. 659 of 2021
Decided On : 19-01-2021

Headnote:

TNPPDL Act - Section 3 - Medical Termination of Pregnancy Act, 1971 - Sections 3 and 3 (4)(a) - - Protection of Children from Sexual Offences Act, 2012 - Section 6 - Code of Criminal Procedure,1973 - Section 357A - Foetus now in the womb of the minor - Continuance of a pregnancy would involve such risk of injury to the health - Whether continuance of a pregnancy would involve such risk of injury to the health as is mentioned in sub-section (2), account may be taken to pregnant woman's actual or reasonable foreseeable environment - Whether the abuse was a single isolated incidence or whether abuse took place over a period of time - Whether child became pregnant as a result of offence - Whether child contracted a sexually transmitted disease (STD) as a result of offence - Whether child contracted human immunodeficiency virus (HIV) as a result of offence - Petitioner is the defacto complainant in Crime No. registered on file of Rajapalayam South police station - Petitioner brought to notice of fourth respondent vide complaint that her niece Minor J was missing from previous day - Steps were taken by the investigation officer to secure minor - Writ petitioner appeared before fourth respondent along with kidnapped minor - It was revealed that was on friendly terms with came to be arrested in some case. Without being aware of the same, J called on his mobile phone - His friend attended the call - He enticed J and kidnapped her. Sundar had physical intimacy with J several times 0 After coming to know of her whereabouts, petitioner brought her back and produced her before the police - Mother is mentally unstable. J was with her aunt and uncle but she was not willing to go with them. Therefore, she was admitted to a social welfare home. Since J had become pregnant – Held, compensation awarded by the Special Court is to be paid by State Government from the Victims Compensation Fund or other scheme or fund established by it for the purposes of compensating and rehabilitating victims under section 357A of Code of Criminal Procedure or any other laws for time being in force, or, where such fund or scheme does not exist, by State Government – Court hold that minor is entitled to interim compensation - Investigation officer is directed to take out an application for payment of interim compensation before the Special Court under the aforesaid provision - Special Court will pass appropriate orders so that a sum is credited every month to the bank account for purpose of maintainin Such a remittance will be made for 36 months - Court will make arrangements for providing the necessary funds for disbursement by Special Court - Victim stated before this Court that he is not willing to take the child back and that she must continue to remain in the welfare home. I bluntly told Veluchamy that having filed the present writ petition, through his sister, he cannot wash his hands off. Veluchamy thereupon undertook that he would take the minor back after a period of four weeks – Court direct the welfare home to keep J for four more weeks in their custody after which she will be sent back to her natural home - writ petition stands allowed