Delhi High Court Orders ₹10.5 Lakh Compensation To Minor Who Was Sexually Abused By Father, Calls It Essential Part Of 'Curing Justice'

The Delhi High Court has recently directed the DSLSA to pay Rs. 10.5 lakh of compensation to a minor rape victim who was sexually abused and assaulted by her father in 2018. The minor was 17 years of age at the time of the incident.

“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,” Justice Manoj Kumar Ohri said.

The court was dealing with the victim's plea challenging the trial court order passed in 2022 awarding a final compensation of Rs.10,000 to her. Earlier in 2020, she was awarded interim compensation of Rs. 75,000.

In 2021, the accused father committed suicide at his house whereafter the proceedings were abated against him.

The court perused the Victim Impact Assessment report and said that the victim had undergone severe mental trauma and was subject to aggravated sexual assault at the hands of her father.

It further noted that the victim's mother was the only earning member of the family who earned a paltry amount of Rs.7,000 per month which was insufficient to raise a family of three.

“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,” it said.

Justice Ohri concluded: “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/-.”

Title: X v. State & Anr.

Citation: 2024 LiveLaw (Del) 1026

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