Gujarat High Court Awards ₹12 Lakh Compensation To Survivor Who Was Raped As A Minor, Had To Terminate Pregnancy

Justice Vimal K Vyas in his order observed that it appeared from the trial court's judgment that there is no specific reference as to on what basis the trial court had fixed the amount of compensation to be Rs.3,00,000. The court was hearing an appeal filed by the complainant-father of the survivor for enhancement of the compensation awarded by the Trial Court and for the modification of the latter's order.

The high court examined the Gujarat Victim Compensation Scheme, 2019, and observed that it prima facie appeared that as per Clause 9(5) if the victim is minor, the limit of compensation shall be deemed to be 50% higher than the amount mentioned in the schedule appended to the scheme. The court said that the minor is covered by this clause. 

The court thereafter observed:

"It prima facie appears that the appellant-victim has suffered a lot of physical harassment, mental agony & trauma and had to pass through aggravating circumstances where she had to medically terminate her pregnancy because of the rape committed on her several times by the accused-convict...This Court finds the impugned judgment and order of the trial court dated 27.01.2023 to be non-speaking so far as the amount of compensation awarded to the victim-girl is concerned since no reasons have been assigned for awarding the amount of compensation of Rs.3,00,000=00 to the victim-girl, who was minor at the time of the incident and who had to medically terminate her pregnancy. This is a very serious case of rape on the minor victim girl who had to pass through aggravating circumstances, under which a compensation on a higher side ought to have been awarded by the trial court". 

After examining the categories under Gujarat Victim Compensation Scheme, the court thus directed that the survivor is entitled to a total compensation amount of Rs.12,75,000.

"The compensation amount of Rs.12,75,000.00 so awarded would include the compensation amount of Rs.3,00,000.00 earlier awarded by the trial court to be paid to the appellant-victim. The impugned judgment and order dated 27.01.2023 passed by the learned Special (POCSO) Judge and Additional Sessions Judge, Bharuch, in Special (POCSO) Case No.51 of 2018, so far as the amount of compensation awarded to the victim is concerned, is modified to the aforesaid extent," it added. 

It was stated that at the time of the incident in 2018 the survivor was 14 years and 13 days old. It was stated that the girl was lured and kidnapped by the accused-convict from the lawful guardianship of her father with an ulterior motive and had raped her for several times and she was impregnated by him.

The father then filed a complaint against the accused for offences under IPC Sections 363 (Punishment for Kidnapping), 366 (Kidnapping, abducting or inducing woman to compel her marriage), 376 (Punishment for rape) and Sections 4 (Punishment for penetrative sexual assault on a minor), 5 (Aggravated penetrative sexual assault) read with Section 6 (punishment for aggravated penetrative sexual assault) of POCSO Act. In 2023, the trial court convicted and sentenced the accused; it had also directed the accused to pay compensation of Rs 3 Lakh to the survivor. 

Enhancing the compensation the high court directed the State Legal Services Authority to release the total compensation of Rs 12,75,000 to the survivor. It said that if the amount of Rs 3 Lakh has already been paid then the same be deducted from the total compensation amount.  

It thus allowed the appeal. 

Case Title: XYZ vs State of Gujarat & Ors.