Jahanvi Agarwal
Even though a special court had ended all proceedings in the case after the accused passed away while the trial was still ongoing, the Madras High Court recently awarded compensation of Rs. 14 lakhs to a young, mentally challenged victim of rape.
Justice PT Asha pronounced that the local special court caused more disservice to the physically and mentally handicapped survivor and her family by dismissing the case.
The Judgment stated:
“Here is a pathetic case of the victim, a minor and mentally challenged, who had undergone aggravated penetrative sexual assault at the hands of the accused, not once but on several occasions. Unfortunately, before he could be visited with any punishment at the hands of law, he had passed away. The Special Court, without adhering to the provisions of Section 33(8) of the POCSO Act and Rule 7(1) and Rule 7(2) of the Rules, which are hereinbelow extracted, closed the case as charge abated.”
The Court asserted that despite the prohibition under Section 362 of the Code of Criminal Procedure (CrPC), the High Court has the authority to remedy this wrong.
The Thootkudi District Legal Services Authority (DLSA) was also criticized by the court for how it handled its efforts to get the lawsuit dismissed.
The mother of a minor girl who was discovered to be regularly raped and pregnant by their 55-year-old neighbor had petitioned the court for reasonable compensation.
The case had previously been concluded by the special court since the defendant passed away while the trial was ongoing. the victim’s pregnancy was terminated and she was awarded an interim compensation of Rs.1 lakh.
Justice Asha pronounced that:
“Instead of assisting the Court in trying to rehabilitate and compensate the victim, who is a mentally and physically challenged girl, the fifth respondent has washed its hands off the case and prays that the writ petition be dismissed. The least said about the counter the better.”
The Court further ruled that the victim was qualified to receive the maximum amount of compensation that may be paid under the various schemes for compensation.
The Protection of Children from Sexual Offences Act (POCSO Act) established the Tamil Nadu Child Victim Compensation Fund, and the court ordered the Thootkudi District Legal Services Authority (DLSA) to pay the victim’s compensation sum from that fund.
The Judge also instructed the DLSA to make sure the funds were solely applied to the victim’s rehabilitation.
Case Name: T Kaliammal v. The State
Diary Number: 3252/2020
Bench: Ms. Justice P.T. Asha
Click here to Access the Order.