The Karnataka High Court has held that a minor sexual assault survivor under the Protection of Children from Sexual Offences Act, 2012 (POCSO) is entitled to maximum compensation as per the National Legal Services Authority's Victims Compensation scheme.

Consequently, Justice Tyagaraja N. Inavally enhanced the compensation from Rs 1 lakh to Rs 7 lakh.

The High Court was hearing an appeal challenging the quantum of compensation ordered by the Special Judge, to be paid by the District Legal Services Authority (DLSA) to the 16-year-old girl. The amount was in addition to the fine of Rs 20,000 to be paid by the man accused of sexually assaulting the minor.

Noting the compensation granted by the Special Judge to be inadequate, the Court said,

“In the case on hand, the victim was subjected to aggravated sexual assault by the accused and she was aged about 16 years at the time of incident. She suffered aggravated sexual assault, due to which she became pregnant. The DNA test confirmed that the accused is biological father of fetus of which the victim suffered abortion as per the advice of Medical Board. Therefore, trauma suffered by the victim would show that the compensation of Rs.1,00,000/- under Victims Compensation Scheme is very much meager.”

The Court added, “Hence, considering the facts of the case and evidence available on record, it would be clear that the victim is entitled to maximum compensation of Rs.7,00,000/- as she being the child aged about 16 years became pregnant due to the act of the accused and thereby she suffered abortion.”

Accordingly, the High Court allowed the appeal and directed DLSA, Bidar to pay the enhanced compensation of Rs 7 lakh directly to the survivor.