Friday, 31 July 2020

Whether special court under Pocso Act can give further interim compensation to the victim on change of circumstances considering her additional need?

It is material to note that in the present case the learned ASJ had by an order dated 14.09.2018 directed that interim compensation of ` 50,000/- be paid to each of the victims under the Delhi Victim Compensation Scheme, 2015. A plain reading of the said order indicates that the learned ASJ had examined the facts and circumstances of the case including the financial condition of the victims as well as the trauma caused to them. The petitioner had accepted the said order and had not sought enhancement of the interim compensation at the material time. The said order had become final and was duly implemented. In the given circumstances, the question to be addressed is whether it is open for the petitioner to file another application for seeking further interim compensation.

24. Although Sub Rule (1) of Rule 7 of the said Rules (and in Sub-rule (1) of Rule 9 of the Protection of Children from Sexual Offences Rules, 2020) does not indicate that multiple applications for interim compensation can be made; nonetheless, since the said provision for compensation is a beneficial provision, the same must be considered liberally.

25. This Court is of the view that since there is no express bar which restricts the Special Courts to grant interim compensation only once, an application for further interim compensation can be considered by the Learned. ASJ, provided there are sufficient grounds for seeking further interim compensation. Needless to state that any further interim compensation awarded would also be liable to be adjusted with the compensation as awarded at the final stage as postulated in Sub-rule (1) of Rule 7 of the said Rules (and in Sub-rule (1) of Rule 9 of the Protection of Children from Sexual Offences Rules, 2020)

26. Having stated the above, it is also necessary to observe that an application for seeking further interim compensation cannot be premised on the ground that the order for payment of interim compensation passed in an earlier application is erroneous or inadequate. Such an application would be maintainable only if circumstances have subsequently arisen that were not in contemplation at the time when the special court had evaluated the requirement of interim compensation.
IN THE HIGH COURT OF DELHI

W.P. (Crl.) 3244/2019

Decided On: 15.06.2020

 Mother Minor Victim No. 1 & 2  Vs.  State and Ors.


Hon'ble Judges/Coram:
Vibhu Bakhru, J.

Citation: MANU/DE/1240/2020.
Read full judgment here:Click here
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