"Compensation To Victim Is An Essential Part Of Curing Justice": Delhi HC Directs DSLSA To Disburse ₹ 9.65L To Minor Victim Sexually Abused By Her Father

The Delhi High Court has ordered the Delhi State Legal Services Authority (DSLSA) to disburse and pay a compensation of Rs. 9.65 lakh to a minor rape victim who was sexually abused and assaulted by her father in 2018.

The Single-Judge Bench of Justice Manoj Kumar Ohri said that compensation to the victim is an essential part of curing justice.

"Compensation not only provides monetary relief but is also an act which seeks to make a person whole again so that the victim can take steps for rehabilitation and start afresh," the Bench remarked.

The Court was dealing with the victim's appeal against a trial court's 2022 ruling, which had granted her a final compensation of Rs. 10,000. Prior to this, she had received interim compensation of Rs. 75,000 in 2020.

The Counsel for the petitioner argued that the impugned order has been passed mechanically and without any application of mind and fails to provide any reasoning for coming to the figure of Rs.10,000. He further submits that the interim compensation to the tune of Rs 75,000 which was awarded to the petitioner by the Special Court vide order dated February 12, 2020, and the total sum of Rs.85,000 received are sorely inadequate and incommensurate with the trauma undergone by her.

In 2021, the accused father committed suicide at his residence, leading to the cessation of legal proceedings against him.

Upon reviewing the Victim Impact Assessment report, the Court observed that the victim had suffered significant mental trauma and had been subjected to aggravated sexual assault by her father. Additionally, the court noted that the victim's mother was the family's sole earner, making a modest income of Rs. 7,000 per month, which was insufficient to support a household of three.

"A reading of the Victim Impact Assessment report would show that the petitioner has undergone severe mental trauma and has been subject to aggravated sexual assault at the hands of her father. Her mother is the only earning member of the family who earns a paltry amount of Rs.7,000/- per month which is insufficient to raise a family of three. Moreover, the petitioner had to leave her schooling in between for a year on account of mental trauma and financial distress. To ensure that the petitioner can pursue higher education and take steps towards improving her well-being, further compensation needs to be paid. Thus, considering the factors enumerated in Rule 9(3) of the POCSO rules 2020, sufficient ground has been made out to enhance the compensation awarded by the Special judge," the Court said.

The Single-Judge said, "Although the offence in the present case, i.e. aggravated sexual assault, is not explicitly mentioned in the Scheme, the same would not get in the way of this Court using a similar offence, being ‘Unnatural Sexual Assault’ as a reference while determining the quantum of compensation. The minimum limit of Compensation to be awarded for ‘Unnatural Sexual Assault’ is Rs. 4 lacs, while the upper limit of the compensation that can be given is Rs. 7 lacs."

The Bench opined, "The maximum compensation is to be treated as the minimum compensation which can be given. Since the petitioner was a ‘minor’ for whom Clause 9 (Part-II) of the DVC Scheme 2018 says that the minimum and maximum limits of compensation would be deemed to be 50% higher than those mentioned in the Schedule, in the petitioner's case the minimum and maximum limits would stand enhanced from Rs.4 lacs to Rs.6 lacs and from Rs.7 lacs to Rs.10.5 lacs respectively. Thus, the compensation which has been finally determined by this Court to be payable to the petitioner is Rs.10.5 lacs. Since Rs.85,000/- already stands paid to the petitioner, the petitioner is now entitled to receive a further sum of Rs.9,65,000/-."

Accordingly, the Court ordered, "Keeping in mind the facts and circumstances of the case and the legal framework within which it is to be decided, the DSLSA is hereby directed to disburse and pay further compensation in the sum of Rs.9,65,000/- (Nine Lacs and Sixty Five Thousand Rupees Only) to the petitioner forthwith and in any event within 04 weeks of receipt of this order through demand draft."

Cause Title: X v. State & Anr. [Neutral Citation No. 2024: DHC: 7103]

Appearance:-

Petitioner: Advocates Rohit Bhardwaj, Shiv Nath Sawhney

Respondent: Advocates Laksh Khanna (APP), Amit George, Arkaneil Bhaumik

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