Case Note & Summary
The appellant, Smt. Lalitha, mother of a minor victim of sexual assault, filed an appeal under Section 372 CrPC challenging the adequacy of compensation awarded by the Additional District and Sessions Judge, FTSC-1, Karwar in Special Case No. 13/2021. The trial court had convicted the accused under the POCSO Act and awarded compensation of Rs. 1,00,000 under the NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes 2018. The appellant sought enhancement to Rs. 10,50,000 (Rs. 7,00,000 plus 50% thereof). The High Court, after hearing the parties, found that the trial court had not properly applied the NALSA Scheme, which prescribes a minimum compensation of Rs. 7,00,000 for victims of sexual assault, with a provision for enhancement up to 50% in deserving cases. The court noted that the victim had suffered severe trauma and that the compensation awarded was grossly inadequate. Consequently, the High Court allowed the appeal, enhanced the compensation to Rs. 10,50,000, and directed the State Legal Services Authority to pay the same within eight weeks.
Headnote
A) Criminal Law - Victim Compensation - Adequacy of Compensation - NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes 2018 - The appellant, mother of a minor victim of sexual assault under POCSO Act, challenged the trial court's award of Rs. 1,00,000 as inadequate. The High Court held that the compensation was grossly inadequate considering the scheme's provisions and the victim's trauma, and enhanced it to Rs. 10,50,000 (Rs. 7,00,000 plus 50% thereof) payable by the State Legal Services Authority. (Paras 1-10) B) Criminal Procedure Code, 1973 - Section 357A - Victim Compensation Scheme - The court reiterated that the State is obligated to provide adequate compensation to victims of sexual offences, and the NALSA Scheme provides a minimum of Rs. 7,00,000 for such victims, which can be enhanced by 50% in appropriate cases. (Paras 5-9)
Issue of Consideration
Whether the compensation of Rs. 1,00,000 awarded by the trial court under the NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes 2018 is adequate, and whether it should be enhanced.
Final Decision
Appeal allowed. Compensation enhanced from Rs. 1,00,000 to Rs. 10,50,000 (Rs. 7,00,000 plus 50% thereof). State Legal Services Authority directed to pay the enhanced compensation within eight weeks.
Law Points
- Compensation under NALSA Scheme for women victims of sexual assault
- Section 357A CrPC
- Section 33(8) POCSO Act
- adequacy of compensation
- victim compensation scheme
