Lucknow [UP]: The Allahabad High Court has ruled that a survivor of sexual assault under the POCSO Act cannot be denied compensation merely because the medical report does not record physical injuries.
A division bench of Justice Shekhar B Saraf and Justice Amitabh Kumar Rai, yesterday directed authorities to pay three lakh rupees to the minor under the Uttar Pradesh Rani Lakshmi Bai Mahila Samman Kosh scheme within ten days of submission of a certified copy of the order.
The court set aside the district steering committee’s decision to withhold compensation, observing that physical injuries are not a necessary condition for establishing penetrative sexual assault under Section 3 of the POCSO Act. It held that the absence of injury marks cannot, by itself, negate an allegation of sexual assault.
The bench noted that once the FIR and chargesheet indicate an offence under Section 4 of the Act, compensation cannot be denied solely on the basis of a medical report that records no injuries. It also emphasised that the scheme is a beneficial measure intended to alleviate the trauma and suffering of survivors and must be interpreted liberally.
[AIR News]