Observing that some of the judges of special courts set up to deal with Protection of Children from Sexual Offences (POCSO) Act cases are still not determining appropriate compensation payable to the child victim, the Karnataka High Court has said that the law imposes a clear obligation on special courts to determine proper compensation as per the victim compensation scheme (VCS).
Also, the High Court enhanced compensation to ₹10.5 lakh in favour of a minor and mentally retarded girl, who was a victim of rape, from the ₹1 lakh awarded by the special court in Karwar.
Justice Anil B. Katti passed the order while allowing an appeal filed by the mother of the child victim seeking enhancement of compensation in terms of the VCS framed under Section 357(A) of the Code of Criminal Procedure.
“The duty of special courts 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 and Rule 9 (3) (i) to (xii) of POCSO Rules, 2020 for any physical or mental trauma caused to the child or for immediate rehabilitation of such child...,” the High Court observed.
As per the apex court guidelines, the High Court said, till the framing of compensation scheme, specifically for child victims in POCSO cases, the National Legal Services Authority’s (NALSA) compensation scheme of 2018 should act as a guideline for special courts to award compensation to child victims of sexual abuse.
The High Court said that the grant of compensation under the POCSO Act was not based on the whims and fancies of the special courts, but it had to be determined on the basis of evidence on record, nature of injury suffered by the victim, the circumstance under which the offence was committed, the need of victim child for rehabilitation, medical treatment, and education.
Noticing that minor victims were entitled to 50% more compensation under NALSA scheme than the minimum compensation of ₹4 lakh and maximum of ₹7 lakh fixed for women victims of crimes, the High Court said that the mentally retarded victim in this case was entitled for maximum compensation.
