In a recent case, the Madras High Court has awarded compensation of ₹14 lakh to a mentally challenged minor rape survivor. This decision comes after a special court closed all proceedings in the case due to the accused passing away during the trial. Justice PT Asha, in her observation, noted that the closure of the case by the special court further inflicted injustice upon the survivor and her family.
The judge highlighted the victim's tragic circumstances, being a minor and mentally challenged, who had suffered repeated acts of aggravated penetrative sexual assault. Unfortunately, before the accused could face any legal consequences, he passed away. The special court closed the case, disregarding the provisions of Section 33(8) of the POCSO Act and relevant rules.
Justice Asha acknowledged that despite the limitations imposed by Section 362 of the Code of Criminal Procedure (CrPC), the High Court has the power to rectify this injustice. She expressed disappointment at the closure of the case, emphasizing the victim's vulnerable condition and the insensitivity displayed towards her.
The Court also criticized the Thootkudi District Legal Services Authority (DLSA) for its approach in seeking the closure of the case, describing it as inhumane and insensitive. The DLSA suggested dismissing the compensation plea, but the High Court rejected this stance.
The Court determined that the victim was entitled to the maximum compensation available under existing schemes. Consequently, it ordered the Thootkudi DLSA to pay the compensation from the Tamil Nadu Child Victim Compensation Fund established under the POCSO Act. The DLSA was also directed to ensure that the funds are solely used for the victim's rehabilitation.
Advocate R Alagumani represented the petitioner, while Government
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