Courts Need To Look At Social Circumstances: Karnataka HC Enhances Compensation In Rape Case Of Mentally Challenged Minor

The victim in this case was a minor who was mentally challenged. She was raped and the accused was convicted under Section 376 Indian Penal Code (IPC) and Sections 4 and 6 of the POCSO Act.

The Bench of Justice Anil B Katti said that “The grant of compensation to the victim child under the POCSO Act either interim or final shall not be based on the whims and fancy of trial Court, but the compensation has to be determined on the basis of Rule 9 of Rules 2020 and by following NALSA scheme 2018. The trial court on the basis of evidence on record, nature of injury suffered by the victim, the circumstance under which the offence has been committed, the need of victim child for rehabilitation, medical treatment, education has to be considered for determination of the compensation.”

The Court further added that “The role of trial court while awarding interim and final compensation in attending to the rehabilitation process of victim child is more onerous and adopt pragmatic approach for the welfare and well being in taking care of victim child as a guardian for the victim child.”

Advocate Narayan G. Rasalkar appeared for the Appellant while HGCP Praveen K. Uppar appeared on behalf of the Respondent.

The Special Court to try POCSO matters had convicted the accused and directed the District Legal Services Authority (DLSA) to pay the compensation of Rs. 1 Lakh to the victim. The Secretary of the DLSA while writing a letter seeking disbursement of funds was advised to filed an appeal to the High Court for enhanced compensations under the NALSA Rules.

The victim being a minor, plus mentally challenged, was eligible for higher compensation under the Rules. The victim’s mother approached the High Court appealing the order so far as to the compensation is concerned.

The High Court after careful consideration of the facts said that “The POCSO Act is gender neutral and victim child is entitled for compensation for rehabilitating the victim child. The laudable object to enact special Act is to protect children from offences of sexual assault, sexual harassment and pornography. whereas it is necessary for the proper development of the child that his or her right to privacy and confidentiality be protected and prescribed by very person by all means and through all stages of judicial process involving the child. It is imperative that the law operates in a manner in the best interest and well being of the child are regarded as being paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child.”

Further on the matter of compensation, the Court held that “On careful reading of Section 33(8) POCSO Act and Rule 9 of Rules 2020, it is evident that it is only the special court have the power to quantify the compensation to the child victims and forward the same to the DLSA for disbursal of the award amount. The DLSA is under legal obligation to give effect to the compensation determined by the special Court. The power to determine compensation either interim or final is vested with the special court to achieve the laudable object of rehabilitation process to victim child. The Special Courts constituted under the POCSO Act have adequate infrastructure, facilities and human resources to ensure that not only the quality of evidence of child is not diminished but it also provides for speedy adjudication of the claims.”

Accordingly, the High Court ordered the DLSA to take necessary steps to disburse enhanced compensation to the victim.

Cause Title: Lalitha v. State of Karnataka

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