AI Overview...
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Compensation to Prosecutrix - The courts have emphasized that the fine or compensation imposed upon the accused in POCSO cases should be directed to the prosecutrix as compensation for the trauma and harm suffered. Several cases specify that a portion of fines or fines themselves are to be paid directly to the prosecutrix, especially in cases involving minors. For example, in one case, Rs. 5,000/- was ordered as compensation to the prosecutrix from the fine imposed on the accused Sonu Kanoujia VS State of Uttar Pradesh - Allahabad, while another case ordered the accused to deposit compensation for the maintenance of the child born to the prosecutrix Tejinder Singh @ Lucky Singh VS State of Delhi - Delhi.
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Court Orders and Legal Provisions - Section 33(8) of the POCSO Act is highlighted as the legal basis for awarding victim compensation, especially when the trial court initially fails to do so. Courts have remanded cases to determine appropriate compensation under this section, recognizing the victim's right to reparation and rehabilitation Accused Nos.1 and 2 vs State - Telangana.
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Trustworthy Testimony - Courts have upheld the credibility of minor prosecutrix testimonies, affirming their trustworthiness and reliability, which supports conviction and the awarding of compensation Aman alias Ram VS State of Himachal Pradesh - Himachal Pradesh, Amit Yadav @ Raju VS State - Delhi.
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False Implication and Defense - Several cases mention the accused's denial of charges and claims of false implication, but courts have still awarded compensation based on credible evidence and victim testimony Bapu Shahaji Gaikwad VS State of Maharashtra - Bombay, Sayyad Shabbir Sheikh Alias Sayyad Shabbir Saha VS State Of Maharashtra - Bombay.
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Overall Conclusion - Courts recognize the importance of providing compensation to victims, especially minors, in POCSO cases. Compensation is often ordered from fines or through specific provisions of the POCSO Act, emphasizing the victim's rights to reparation, and ensuring justice and support for the traumatized prosecutrix Sonu Kanoujia VS State of Uttar Pradesh - Allahabad, Tejinder Singh @ Lucky Singh VS State of Delhi - Delhi, Amit Yadav @ Raju VS State - Delhi, Accused Nos.1 and 2 vs State - Telangana.
Search Results for "Compensation in False Pocso Case to Accused by Prosecutrix"
2022 0 Supreme(All) 735 • India - Allahabad
SIDDHARTHA VARMA, UMESH CHANDRA SHARMA
The fine imposed was to be given to the prosecutrix as compensation. ... POCSO Act - Conviction under Section 376 IPC and Section 6 of the POCSO Act - 376, 5(f), 5(m), 6 Fact of the Case: ... The prosecutrix reported the incident to her family, leading to the filing of an FIR. ... The fine imposed upon the accused shall be given to the prosecutrix as compensation. 56. For the hard work which has been put in by the learned Amicus ....
2015 0 Supreme(HP) 1253 • India - Himachal Pradesh
P.S.RANA
Fact of the Case: The case involved the sexual assault of a six-year-old minor prosecutrix by the appellant. ... The court emphasized the sensitivity required in dealing with cases of sexual assault on minor prosecutrix. ... The court held that the testimony of the minor prosecutrix was trustworthy, reliable, and inspired confidence. ... He has denied suggestion that relations between the accused and complainant party are strained. He has denied suggestion that he has filed #HL_START....
2019 0 Supreme(Bom) 1803 • India - Bombay
REVATI MOHITE DERE
366A - Criminal Procedure Code - Section 357(1)(b) - Rigorous imprisonment – Claim of compensation – First Information Report - ... However as far as sentence is concerned having regard to peculiar facts and circumstances of case sentence for offence punishable ... prosecutrix is a minor question of consent does not arise - Evidence on record suggests and shows that prosecutrix and appellant ... Out of the fine amount, compensation of Rs. 5,000/- was directed to be paid to the prosecutrix#HL_....
2018 0 Supreme(Del) 1142 • India - Delhi
S.P.GARG, C.HARI SHANKAR
The court ordered the appellants to pay compensation for the maintenance of the child born to the prosecutrix. ... The court ordered the appellants to pay compensation for the maintenance of the child born to the prosecutrix. ... Fact of the Case: The prosecutrix, a minor, alleged that the appellants raped her on multiple occasions and impregnated ... The accused must also be protected against the possibility of false implication, particularly wher....
2021 0 Supreme(UK) 657 • India - Uttarakhand
R.C.KHULBE
based on a report submitted by the informant, medical examination of the prosecutrix, and witness testimonies. ... The appellant was also ordered to deposit the fine and compensation as imposed by the trial court, with additional imprisonment in ... The appellant was also ordered to deposit the fine and compensation as imposed by the trial court, with additional imprisonment in ... The statement of the prosecutrix (Ex.A2) under section 164 Cr.P.C. was recorded. She was medically examined by the Government Doctor. The med....
2018 0 Supreme(Chh) 430 • India - Chhattisgarh
PRITINKER DIWAKER, GAUTAM CHOURDIYA
This apart, we also deem it necessary to award suitable compensation to the victim/prosecutrix - Appeal is allowed ... in it that accused/appellant is her neighbor and her daughter/prosecutrix, aged about 6 years, quite often used to go to his house ... She further states that next to the appellant, the prosecutrix was also lying on bed and she brought her back to him Prosecutrix ... Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he ....
2020 0 Supreme(P&H) 492 • India - Punjab and Haryana
ANIL KSHETARPAL
The prosecutrix, a 19-year-old college student, accused her mother and her mother's brother-in-law of sexual harassment, assault, ... involved two appeals filed by the convicts and a revision petition filed by the prosecutrix. ... 120-B IPC, Section 8 of POCSO Act, Section 12 of POCSO Act - Summary of Acts and Sections Fact of the Case: The case ... She also prayed for grant of compensation to the prosecutrix. 17. Before this Court....
2020 0 Supreme(Bom) 882 • India - Bombay
SADHANA S.JADHAV, N.J.JAMADAR
The accused denied the charges and claimed false implication. ... the Victim Compensation Scheme. ... Conviction - Rape - IPC 376(2)(i)(n), 323, 506 - POCSO Act - 4, 6, 8 - The court upheld the conviction and sentence of the accused ... She further admitted that Bablu Chavan had threatened the accused that if the accused failed to vacate his house a false case would be lodged against the accused. ... However, the d....
2024 Supreme(Online)(Telangana) 47325 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, J
the matter is remanded for determination of compensation under Section 33(8) of the POCSO Act. ... (Paras 25, 26) ... ... Facts of the case: ... The appellants, accused Nos.1 and 2, were convicted ... (Paras 11, 17) (E) Victim compensation - The trial court failed to award victim compensation; ... Therefore, as per Section - 33 (8) of the POCSO Act, the victim is entitled for compensation. ... Compensation Fund. ... There was no ....
2019 0 Supreme(Del) 2290 • India - Delhi
MANOJ KUMAR OHRI
with the Victim Compensation Scheme. ... The State was directed to provide compensation to the victim in accordance with the Victim Compensation Scheme. ... The court also considered the need for rehabilitation of the victim and directed the State to provide compensation in accordance ... The conviction can be sustained on the sole testimony of the prosecutrix, if it inspires confidence. ... While the State of Bihar has provided for compensation of Rs.25,000/- in such scheme, the Stat....
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