BENGALURU: A minor rape survivor who is mentally challenged and speech impaired, was awarded R 10.50 lakh compensation by the Karnataka High Court, under the Victim Compensation Scheme, after her cause was taken up the Karnataka State Legal Services Authority (KSLSA).
“The grant of compensation to the child under the POCSO Act, either interim or final, shall not be based on the whims and fancies of the special court, but has to be determined based on Rule 9 of Rules 2020, and follow the National Legal Services Authority (NALSA) Scheme 2018,” said Justice Anil B Katti.
odifying the order dated January 18, 2022, passed by the special court in Karwar, awarding Rs 1 lakh compensation while sentencing the accused, the High Court enhanced compensation to Rs 10.50 lakh.
The court said the role of special courts, while awarding interim and final compensation for the rehabilitation of the child, is more onerous, and they should adopt a pragmatic approach for the survivor’s welfare. Special courts have to appreciate the evidence, nature of injury suffered by the survivor, circumstances, and consider the need for rehabilitation, medical treatment and education, to determine compensation, the court added.
In 2010, when the girl’s parents and two siblings were working as labourers, they used to carry her with them. She was unable to study due to her disability. The accused, who was working with her mother, took advantage of his acquaintance with the family, and carried the girl to collect ‘Bembalakai’ from an areca grove, where he sexually assaulted her. A case was registered against him, based on a complaint filed by the girl’s mother under Section 376 IPC and Sections 4 and 6 of the POCSO Act. While sentencing the accused, the trial court directed the District Legal Services Authority (DLSA), Karwar, to deposit Rs 1 lakh in the girl’s name in a nationalised bank.
In June 2022, DLSA’s member secretary requested KSLSA to release the amount. KSLSA directed DLSA to file an appeal for enhancement of compensation, as per the Model Victim Compensation Scheme Guidelines framed by NALSA, and an appeal was filed by the High Court Legal Services Committee before the high court.