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2024 Supreme(Online)(Del) 33456

IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Amit Sharma, JJ
S.V. – Appellant
Versus
STATE – Respondent
CRL.A. 728/2024 | CRL.M.(BAIL) 1343/2024



Advocates:
For the Appellants/Petitioners: Mr. Sudarshan Rajan, Mr. Hitain Bajaj
For the Respondents: Mr. M.A. Niyazi, Ms. Anamika Ghai Niyazi, Ms. Kirti Bhardwaj, Ms. Nehmat Sethi, Mr. Arquam Ali, Mr. Abhinav Pandey, Mr. Lalit Luthra, Ms. Harpreet Kalsi, Mr. Vashisht Rao

The Court mandated free medical treatment for victims of sexual assault and reinforced the responsibilities of medical facilities in compliance with statutory provisions.

Headnote:(A) Indian Penal Code - Sections 363, 376(2)(i) and (n) - Protection of Children from Sexual Offences Act, 2012 - Sections 6 and 12 - Appeal against conviction and sentence for penetrative sexual assault by the appellant upon his daughter - Trial Court awarded interim compensation of Rs. 4,12,500/-; final compensation computed at Rs. 13,00,000/-. Directions were issued to ensure medical treatment and educational support for the survivor, including the management of compensation disbursements. (Paras 2-23)

(B) Treatment of victims - Legal provisions mandate free medical care for survivors of sexual violence, which includes immediate treatment and psychological support. Compliance issues observed in implementation of these provisions by hospitals, necessitating this Court's intervention. (Paras 20-21)

Table of Content
1. details regarding the survivor's compensation and assistance. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. court's observations on compliance with medical treatment provisions for sexual assault victims. (Para 18 , 20 , 21 , 22 , 23)

1. This hearing has been done through hybrid mode.

2. The present appeal has been filed under Section 415 read with 528 BNSS challenging the judgment dated 30th January, 2024 and the accompanying order of sentence dated 22nd March, 2024. The case against the Appellant had been registered under Sections 363 /376(2)(i) and (n) of 1 the IPC and Sections 6 and 12 of the POCSO Act at PS Nihal Vihar. The Appellant is the real father of the survivor, who had allegedly committed penetrative sexual assault, repeatedly upon her.

3. On 13th August, 2024, the ld. APP had informed the Court that the interim compensation awarded by the Trial Court had yet not been released to the survivor. Considering the facts of the case, the Court had directed that urgent steps be taken to trace the survivor and pay her the compensation. The Court had also directed the concerned District Legal Services Authority to file a status report with regard to the delay in disbursing the compensation to the survivor.

4. In compliance of the directions passed on 13th August, 2024, the West District Legal Services Authority had filed a status report dated 27th August, 2024. As per the said report, an amount to the tune of Rs. 4,12,500/- had been awarded as the interim compensation to the Survivor. In addition to this, the final compensation had been computed at Rs. 13,00,000/- .

5. On 2nd September, 2024, the Court had interacted with the Survivor and her mother. The Court had passed various directions, including, in respect of the medical treatment of the Survivor. The relevant portion of the order dated 2nd September, 2024 reads as under:

―9. The facts which have emerged after interaction with the parties in Chamber are that, at the time of the incident, the survivor was a student pursuing her studies in 12th grade, however, she could not complete her 12th grade exams because of the incident. In this view of the matter, she has expressed her intention to complete her Class 12th education. It is also seen after the interaction, that she needs some medical treatment and consultation.

10. The survivor lives with her mother and other two sisters and brother in Nangloi in a tenanted accommodation. The mother works in a school and is earning approximately Rs.5,000/- to Rs.6,000/- per month. The mother and the daughter have expressed that if some amounts may be released to them, it would help in her pursuing her studies as also in getting some treatment.

11. Under such circumstances, after interaction with them in Chamber, the following directions are issued:-

i) Out of the total amount of interim compensation i.e., Rs. 13,00,000, the Union Bank of India, Nangloi shall retain a sum of Rs.5,00,000/- in a fixed deposit in the name of the survivor for a period of two years.

ii) A further sum of Rs. 5,00,000/- shall be retained in a fixed deposit by the Union Bank of India, Nangloi for a period of one year in the name of the survivor.

12. The remaining amount of Rs.3,00,000/- shall be disbursed in the following manner:-

a) A sum of Rs.1,00,000/- shall be released to the survivor within one week from today.

b) Thereafter, a sum of Rs.10,000/- be released to the survivor by 10th of every month w.e.f. November 2024.

13. The mother of the survivor has assured this Court that she would ensure that the aforesaid amounts are used for the well-being of the daughter.

14. The PLV/DSLSA, who has already been nominated by the DSLSA, shall continue to help the survivor and assist her in filling up her admission form for the Class 12th examinations through the National Institute of Open Schooling (‗NIOS‘). If the DSLSA is of the opinion that any order is required to be passed by this Court, an application may be moved or the matter may be mentioned.

15. The DS

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