New Delhi: The Delhi High Court has granted a Rs 10.5 lakh compensation to a woman, who was sexually assaulted by her father when she was a minor, saying compensation to the victim is an essential part of curing justice.
High Court was hearing a plea by victim for enhancement of compensation awarded by a special court
“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 while enhancing the compensation from Rs 85,000, granted to her earlier by a trial court, to Rs 10.5 lakh.
The court said that as she has already received a compensation of Rs 85,000, she is now entitled to a further sum of Rs 9.65 lakh.
The High Court was hearing a plea filed by the victim challenging an order of the special court awarding her Rs. 85,000 compensation.
What did the victim submit?
The victim submitted that the special court failed to take into account the Victim Impact Assessment of her which would show that she was sexually abused by her father for years when she was a minor and she was unable to even attend school in 2018-2019 due to the trauma and financial distress and a total compensation of Rs 85,000 is sorely inadequate and incommensurate with the trauma undergone by her. She further submitted that her mother is the sole breadwinner who is earning a paltry sum of Rs.7,000 per month in which she has to sustain herself, the petitioner (victim) and her younger brother.
While trial was ongoing, victim’s father committed suicide while out on interim bail
A case was registered against the father of the victim in 2018 on her complaint and charge sheet was filed and charges were framed against her father under the provisions of the Protection of Children from Sexual Offences (POCSO) Act and Indian Penal Code (IPC). When the trial was ongoing, the accused father committed suicide at his house in 2021 while out on interim bail and the proceedings against him were abated by the trial court.
High Court took note of Victim Impact Assessment report
The High Court took note of the Victim Impact Assessment report and noted that the victim has undergone severe mental trauma and has been subject to aggravated sexual assault at the hands of her father and that 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,” the High Court said while enhancing the compensation from Rs 85,000 to Rs 10.5 lakh.
