System Cant Turn The Clock Back Nor Undo Offence: Delhi HC Awards ₹6 Lakh Interim Compensation To Minor Sexual Assault Victim

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System Cant Turn The Clock Back Nor Undo Offence: Delhi HC Awards ₹6 Lakh Interim Compensation To Minor Sexual Assault Victim

Case: MST. X (THROUGH MOTHER AND NATURAL GUARDIAN) v. STATE & ORS.

Coram: JUSTICE ANUP JAIRAM BHAMBHANI

Case No: W.P.(CRL) 1419/2020

Court Observed: “Since the system cannot turn the clock back nor ‘undo’ the offence, there is little else the court can do other than prosecute the offender and provide to the victim whatever psychological security and sense of the empowerment that monetary compensation can give.”

“The effort of this court should be to offer monetary recompense, to the extent possible, for the atonement of the crime to which the petitioner was subject; the physical and mental trauma suffered by him; and the emotional scar left on his psyche.”

“If a victim applies for compensation under section 33(8) before the special POCSO court, the DVC Scheme 2018 is not binding but serves merely as a ‘guideline’ for the court to assess and pay compensation, whether at the interim or final stage.”

“While attempting to quantify the compensation payable to the petitioner even at the interim stage, the effort of this court should be to offer monetary recompense, to the extent possible, for atonement of the crime to which the petitioner was subject; the physical and mental trauma suffered by him; and the emotional scar left on his psyche.”

“The petitioner’s mother would need to spend more time with him to give the petitioner emotional security, since he was assaulted by a relative in his own home; by reason of which she may not be able to go to work,”

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Keywords

Interim Compensation, Minor Sexual Assault Victim


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