Allahabad HC rules Pocso survivor eligible for compensation despite no physical injuries

The Allahabad High Court has observed that the absence of injuries in a medical report cannot be a ground to deny compensation to a victim under the POCSO Act.

In the order issued Thursday, a division bench of Justice Shekhar B Saraf and Justice Amitabh Kumar Rai directed authorities to pay Rs 3 lakh to a minor under the Uttar Pradesh Rani Lakshmi Bai Mahila Samman Kosh scheme within 10 days of the production of a certified copy of the order.

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 (POCSO) Act are entitled to compensation of Rs 3 lakh. Of this, Rs 1 lakh is payable within 15 days of the FIR, while the remaining Rs 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.

The district committee had withheld compensation citing the absence of medical evidence supporting penetrative sexual assault. The state counsel defended the decision, arguing that the medical report did not record injuries indicating penetration.

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.

The bench held that absence of injury marks cannot, by itself, negate an allegation of sexual assault. Once the FIR and chargesheet indicate an offence under Section 4 of the Act, compensation cannot be denied solely because the medical report does not record injuries.

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.