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W. DIENGDOH
State of Meghalaya – Appellant
Versus
Yoribha Shylla – Respondent
JUDGMENT
1. Challenged in this petition under section 482 Cr.PC is the order dated 16.09.2019 passed by the learned Special Judge (POCSO), East Khasi Hills District, Shillong in POCSO Case No. 51 of 2019 whereby the learned Special Judge on an application for grant of compensation on behalf of a victim of sexual assault, had granted compensation taking recourse to Rule 7(2) of the POCSO Rules, 2012, amounting to Rs. 2,00,000/- (rupees two lakhs) only.
2. Another similar matter relates to the order dated 11.11.2020 passed by the learned Special Judge (POCSO), Khliehriat, East Jaintia Hills District in Khliehriat Women PS Case No. 46(11)2019, under section 5 and 6 of the POCSO Act, 2012 wherein the learned Special Court had directed for payment of compensation to the victim therein amounting to Rs. 4,00,000/- (rupees four lakhs) only.
3. Both matters being almost identical and similarly situated involving the issue of exercise of jurisdiction by the learned Special Court, it is deemed convenient and expedient to take up both the matters together and to pass a common order.
4. The factual background of the case in Crl. Petn. No. 7 of 2021 is that the victim who was a minor at the relevant
The main legal point established is that the Special Court, after disposing of a case, cannot alter or review its judgment to direct payment of compensation. The court clarified that the Special Cour....
Rule 9 deals with grant of compensation.
Section 357A of Cr.P.C. is extracted victim compensation scheme.
Section 11 of POCSO Act deals with offence of sexual harassment.
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 ac....
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