Lawstreet Journal

"System Can't Turn the Clock Back Nor 'Undo' Offence": Delhi HC Awards ₹6 Lakh Interim Compensation to Minor Sexual Assault Victim [READ JUDGMENT]

Lawstreet Journal 17 May 2021 7:54pm

Image courtesy: Lawstreet Journal Judiciary "System Can't Turn the Clock Back Nor 'Undo' Offence": Delhi HC Awards ₹6 Lakh Interim Compensation to Minor Sexual Assault Victim [READ JUDGMENT]

When awarding a minor survivor of sexual harassment  ₹6 lakh in interim compensation on Thursday (May 13, 2021), the Delhi High Court made a significant observation, saying, "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 Delhi State Legal Services Authority was ordered to disburse and pay interim compensation in the amount of Rs. Six Lacs Only, although the lower court's order assessing interim compensation at Rs. 50,000 was overturned.

Importantly, the Court noted that, even at this early point, when seeking to calculate the compensation payable to the petitioner, " 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."

The matter before the Court

The petitioner, a boy of about six years old who was reportedly subjected to sexual assault and sodomy by a relative, filed the instant petition via his mother, challenging the Additional Sessions Judge (ASJ) (POCSO), Saket Courts, New Delhi, order dated (August 19, 2020). The petitioner, who was the victim of the crime, was paid interim compensation of Rs. 50,000 by the Sessions Court; however, the investigation of the accused was still ongoing, and the trial is still ongoing.

Submissions put forth

The… Continue Reading...

Tagged: POCSO Act   Protection of Children from Sexual Offences (POCSO) Act  
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