Because the medical report does not record physical injuries, lucknow, The Allahabad High Court has ruled that a survivor of sexual assault under the POCSO Act cannot be denied compensation merely.
The court held that the district steering committee’s decision to withhold compensation was contrary to law and the provisions of the scheme. Under the scheme, survivors of sexual assault under the Protection of Children from Sexual Offences Act are entitled to compensation of ₹ 3 lakh. Of this, ₹ 1 lakh is payable within 15 days of the FIR, while the remaining ₹ 2 lakh must be paid within a month of the chargesheet being filed. The case relates to an FIR registered at Sarojini Nagar police station in Lucknow on December 7, 2022. A chargesheet in this connection was filed on January 13, 2023. Rejecting the argument, the high court observed that physical injury is not a necessary condition for establishing penetrative sexual assault under Section 3 of the POCSO Act.
Describing the scheme as a beneficial measure intended to alleviate the trauma and suffering of victims, the court said its provisions must be interpreted liberally.
