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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 20^th February, 2025 Date of Decision: 7th March, 2025 + W.P.(CRL) 3315/2024 K W/O P .....Petitioner Through: Mr. Pawan Sharma, husband of the Petitioner versus STATE OF NCT DELHI AND ANR .....Respondents Through: Mr. Sanjay Lao, Standing Counsel CRL.) with Mr. Abhinav Kumar Arya, Advocate with SI Sunil Kumar, P.S.

Rohini.

Mr. Jai Wadhwa, MS, DSLSA and Secretary, NW, DLSA, Rohini Court CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA % J U D G M E N T MANMEET PRITAM SINGH ARORA, J:

1. This petition has been filed by the Petitioner who is a victim in FIR No. 472/2023 registered at Police Station (P.S) Kanjhawala on 17.11.2023 initially under Sections 376/506/34 of the Indian Penal Code, 1860 (‘IPC’). The Petitioner in the present case is aggrieved by the letter dated 27.08.2024 (‘impugned letter’) issued by District Legal Services Authority, North West, Rohini New Delhi (‘DLSA’), vide which the application preferred on behalf of the Petitioner/victim for award of interim compensation was declined.

Signature Not Verified Digitally Signed W.P.(CRL) 3315/2024 Page 1 of 13

2. By way of a brief background, it may be noted that, the present proceedings arise from the petition filed by the Petitioner, who is a victim of a sexual offence. The prosecution of the accused persons is underway, with the charge-sheet having been filed on 13.05.2024 before the Trial Court and the matter is presently at the stage of framing of charges, which is scheduled on 14.04.2025. It is stated in the petition that on 29.03.2024 the Petitioner herein preferred an application before the concerned Trial Court for grant of interim compensation to the victim. The Trial Court vide order dated 15.04.2024 held that the application for interim compensation to the Petitioner be considered by the DLSA. Subsequently, on 04.06.2024, District Victim Compensation Committee (‘DVCC’) convened a meeting wherein the committee rejected the application of the Petitioner for interim compensation on the ground that there was no ‘medical need or assistance required’ and the decision of the Committee was formally notified to the Petitioner vide impugned letter dated 27.08.2024.

Submissions on behalf of the Petitioner

3. Mr. Pawan Sharma, husband of the Petitioner, appearing on her behalf, stated that the impugned letter issued by DLSA is legally unsustainable and reflects an arbitrary exercise of discretion. He stated that DLSA failed to consider the charge-sheet filed on 13.05.2024, which constitutes a crucial piece of evidence in support of the victim’s case.

3.1. He stated that the Petitioner is undergoing severe economic hardship and at this stage grant of interim compensation would be of significant assistance to her and her family members. He stated that the criminal offence has affected the capacity of the victim’s family to earn livelihood, thereby causing significant economic distress.

Signature Not Verified Digitally Signed W.P.(CRL) 3315/2024 Page 2 of 13

3.2. He stated that the Petitioner has been a victim of gang rape and compensation to the victim in cases of sexual offences becomes critical, therefore, such financial support is essential to ensure her effective participation in legal proceedings and to facilitate her rehabilitation.

3.3. He stated that the impugned letter reflects an arbitrary decision, since interim compensation to the victims of sexual offences should not be limited solely to medical needs, however, other factor like mental, emotional, and socio-economic rehabilitation of the Petitioner shall be taken into account while deciding the said application. He further stated that failure to consider the said critical factor by the DLSA reflects their lack of sensitivity towards victims of sexual abuse.

3.4. He stated that the impugned rejection letter dated 27.08.2024 passed by the Secretary, DLSA is violative of the Petitioner’s right to compensation under Sections 357A and 357B of the Code of Criminal Pr