POCSO Court Bound To Determine Compensation Considering Gravity, Victim's Status; Role Of DLSA Is Only To Enforce It: Karnataka High Court
In context of PCOSO trials, the Karnataka High Court has held that only the special court has power to quantify the compensation to the child victims under NALSA scheme and that DLSA is under legal obligation to give effect to the compensation determined by the special Court.It added that while determining compensation, the trial court has to consider the evidence on record, nature of...
In context of PCOSO trials, the Karnataka High Court has held that only the special court has power to quantify the compensation to the child victims under NALSA scheme and that DLSA is under legal obligation to give effect to the compensation determined by the special Court.
It added that while determining compensation, the trial court has to consider the 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 of the victim, etc.
A single judge bench of Justice Anil K Batti sitting at Dharwad observed,
"It is obligatory on the part of Special Court Judges under POCSO Act to determine appropriate compensation to which victim child is entitled in the light of NALSA's scheme and Rule 9 of [POCSO] Rules 2020 till the framing of a compensation scheme specifically for a child victims in POCSO cases. The role of DLSA is to enforce the compensation determined by the Special Court and to make payment to victim child in terms of Rule 10 of Rules 2020 in compliance with the circular issued by this court as referred above."
Reliance was placed on Nipun Saxena v. Union of India where Supreme Court directed that till the framing of compensation scheme specifically for child victims in POCSO cases is not in place, the NALSA compensation scheme shall act as a guideline to special Courts to award compensation to child victims of sexual abuse.
Taking into account that in the present case the victim is not only minor girl, but mentally retarded and dumb against whom penetrative sexual assault has been committed by the accused, the Court allowed the appeal filed by the victim's mother and modified the order of the trial court which had granted an amount of compensation of Rs 1 lakh to the victim, and ordered payment of Rs. 10,50,000.
Court said while awarding interim and final compensation in attending to the rehabilitation process of the victim child, trial courts should adopt pragmatic approach for the welfare and well being in taking care of the victim child as a guardian for the victim child.
It added, “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 (Protection of Children from Sexual Offences Rules, 2020) and by following NALSA scheme 2018.”
The trial Court had convicted the accused under provision of the POCSO Act and granted Rs.1,00,000 compensation under Section 357(1) CrPC and Rs.1,00,000 under Section 357(A) CrPC.
The bench noted that Section 33 of the POCSO Act would show that power has been given to the special Court to grant compensation. It said,
“The duty of special Court is not only for the protection of children from sexual offences and convict the accused where the accused is found guilty, but also to grant compensation in terms of Section 33(8) of POCSO Act in addition to the punishment as may be prescribed to the child for any physical or mental trauma caused to him or for immediate rehabilitation of such child and determine the compensation in terms of Rule 9 (3) (i) to (xii) of Rules 2020."
It added that in terms of the schedule applicable to women victims of crimes, minimum compensation to be awarded is Rs.4,00,000/- and upper limit of compensation is Rs.7,00,000. The NALSA's scheme clause 9 provides that in case the victim is minor, the limit of compensation shall be deem to be 50% higher than the amount mentioned in the schedule appended to this chapter.
Accordingly it said “In the present case in view of reasons recorded above and to rehabilitate the victim, so also injury suffered by the victim, in my opinion the maximum compensation Rs.700,000/- has to be granted in view of peculiar facts of the present case and disablement of the victim girl. The NALSA's scheme 2018 provides for 50% enhancement if the victim is minor. In the present case the victim is not only minor, but also mentally retarded and dumb, therefore in terms of Rule 9 (3) of NALSA's scheme 50% of Rs.700,000/- has to be awarded which would come to Rs.3,50,000/-. Thus the victim is entitled for total compensation of (Rs.7,00,000+3,50,000)= Rs.10,50,000.”
Case Title: Lalitha Siddi And State Of Karnataka & ANR
Case No: CRIMINAL APPEAL NO. 100269 OF 2022
Citation: 2023 LiveLaw (Kar) 259
Date of Order: 27-06-2023
Appearance: Advocate Narayan G Rasalkar for Appellant.
HCGP Praveen K Uppar for R1.