In a significant development, a Protection of Children against Sexual Offences (POCSO) Act Court in Delhi on Thursday ordered ₹2.5 lakh interim compensation to the family of the minor who was allegedly raped and killed in the Delhi Cantonment area..Special POCSO Judge Ashutosh Kumar, however, noted that with regard to the interim compensation on an additional ground of the alleged rape of the victim, and“In view of the submissions of the IO and in view of the fact that the investigating agency itself is not sure as to whether the victim was raped or not, the interim compensation qua the same is not allowed at this stage.”.Speaking to Bar & Bench, Delhi State Legal Services Authority (DSLSA) Member Secretary and Judge Kanwal Jeet Arora said that on August 10, the authority learnt that the provisions of the POCSO Act and rape under the Indian Penal Code (IPC) were added in the case. "We deputed a panel lawyer for the victim's family and he apprised them about their rights and compensation and moved the plea," he said. Arora also assured that the compensation will be disbursed the family within two days..The Court also granted liberty to file a fresh application in case the investigating agency came to the conclusion that the victim child was raped..The application was filed on behalf of the victim by Legal Aid Counsel Piyush Sachdeva of the New Delhi District Legal Services Authority (NDDLSA) under Section 357A of the Code of Criminal Procedure seeking interim compensation.The provision states that every state government, in coordination with the Centre, shall prepare a scheme for providing funds for the purpose of compensation to the victim or dependents who have suffered loss or injury as a result of the crime, and who require rehabilitation.The order noted that Rule 12 of Part II of Delhi Victim Compensation Scheme, 2018, facilitates that an interim relief granted shall not be less than 25% of the maximum compensation awardable as per the Schedule applicable to Part II.According to the Schedule, the maximum compensation that can be awarded in a case of loss of life is ₹10 lakh.“Therefore, the informant (mother of deceased victim child) is entitled to be considered for interim compensation of 25 % of ₹10 lakh i.e. ₹2.50 lakh,” the Court noted..Reports suggest that the 9-year-old victim was allegedly raped and killed after she had gone to fetch water at a cooler installed at a crematorium in Delhi's Purana Nangal area. The priest at the crematorium, along with three others, allegedly committed the brutal act. They had also allegedly burned the body of the victim thereafter..Earlier, a court had remanded the accused persons to the custody of the police after an application seeking five days' custody was moved.Advocates Jitender Jha and Suresh Kumar represented the mother of the victim. Additional Public Prosecutor Yadvender Singh represented the State and Advocate Bedashree Borah represented the Delhi Commission for Women..Delhi Cantt minor rape: Delhi court remands four accused to three days police custody
In a significant development, a Protection of Children against Sexual Offences (POCSO) Act Court in Delhi on Thursday ordered ₹2.5 lakh interim compensation to the family of the minor who was allegedly raped and killed in the Delhi Cantonment area..Special POCSO Judge Ashutosh Kumar, however, noted that with regard to the interim compensation on an additional ground of the alleged rape of the victim, and“In view of the submissions of the IO and in view of the fact that the investigating agency itself is not sure as to whether the victim was raped or not, the interim compensation qua the same is not allowed at this stage.”.Speaking to Bar & Bench, Delhi State Legal Services Authority (DSLSA) Member Secretary and Judge Kanwal Jeet Arora said that on August 10, the authority learnt that the provisions of the POCSO Act and rape under the Indian Penal Code (IPC) were added in the case. "We deputed a panel lawyer for the victim's family and he apprised them about their rights and compensation and moved the plea," he said. Arora also assured that the compensation will be disbursed the family within two days..The Court also granted liberty to file a fresh application in case the investigating agency came to the conclusion that the victim child was raped..The application was filed on behalf of the victim by Legal Aid Counsel Piyush Sachdeva of the New Delhi District Legal Services Authority (NDDLSA) under Section 357A of the Code of Criminal Procedure seeking interim compensation.The provision states that every state government, in coordination with the Centre, shall prepare a scheme for providing funds for the purpose of compensation to the victim or dependents who have suffered loss or injury as a result of the crime, and who require rehabilitation.The order noted that Rule 12 of Part II of Delhi Victim Compensation Scheme, 2018, facilitates that an interim relief granted shall not be less than 25% of the maximum compensation awardable as per the Schedule applicable to Part II.According to the Schedule, the maximum compensation that can be awarded in a case of loss of life is ₹10 lakh.“Therefore, the informant (mother of deceased victim child) is entitled to be considered for interim compensation of 25 % of ₹10 lakh i.e. ₹2.50 lakh,” the Court noted..Reports suggest that the 9-year-old victim was allegedly raped and killed after she had gone to fetch water at a cooler installed at a crematorium in Delhi's Purana Nangal area. The priest at the crematorium, along with three others, allegedly committed the brutal act. They had also allegedly burned the body of the victim thereafter..Earlier, a court had remanded the accused persons to the custody of the police after an application seeking five days' custody was moved.Advocates Jitender Jha and Suresh Kumar represented the mother of the victim. Additional Public Prosecutor Yadvender Singh represented the State and Advocate Bedashree Borah represented the Delhi Commission for Women..Delhi Cantt minor rape: Delhi court remands four accused to three days police custody