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Interim Compensation Application

This document is an application in the Court of Ms. Shreya Arora Mehta seeking interim compensation under the Protection of Children from Sexual Offences Act for the victim child 'G'. It summarizes that the child was sexually assaulted and is in urgent need of financial assistance for her education, medical treatment and rehabilitation. It states that the mother's sole income is not sufficient to support these needs and requests interim compensation be awarded to help the child until the final resolution of the case. An affidavit by the child's mother is also attached affirming the facts and requesting the court's consideration of this application.

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4K views6 pages

Interim Compensation Application

This document is an application in the Court of Ms. Shreya Arora Mehta seeking interim compensation under the Protection of Children from Sexual Offences Act for the victim child 'G'. It summarizes that the child was sexually assaulted and is in urgent need of financial assistance for her education, medical treatment and rehabilitation. It states that the mother's sole income is not sufficient to support these needs and requests interim compensation be awarded to help the child until the final resolution of the case. An affidavit by the child's mother is also attached affirming the facts and requesting the court's consideration of this application.

Uploaded by

Drsika
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF MS.

SHREYA ARORA MEHTA, ASJ (FTSC)


(POCSO); SOUTH, SAKET COURTS COMPLEX: NEW DELHI.

SC No. XXX/XX

In Re:
G Vs. SINGH
FIR No. 2022
P.S. Mehrauli
U/S: 376/506 IPC and Sec.
6 POCSO Act

APPLICATION UNDER SECTION 357-A, CODE OF CRIMNAL PROCEDUCE


READ WITH SECTION 33(8) OF THE PROTECTION OF CHILDREN FROM
SEXUAL OFFENCES ACT, 2012 AND RULE 9 OF PROTECTION OF CHILDREN
FROM SEXUAL OFFENCES RULES, 2020 FOR THE GRANT OF INTERIM
COMPENSATON TO THE VICTIM CHILD ‘G’ FOR HER IMMEDIATE NEEDS

Most Respectfully Showeth:

1. The afore-mentioned FIR had been registered at PS Mehrauli under


Section 4 of POCSO Act and IPC 376/506 on 20.06.2022 and the survivor
child has been medically examined at XYZ Hospital vide MLC No.
XXXX/XX.

2. The statement in FIR, statement U/S 164 Cr.P.C and the child’s testimony
are in consonance and clearly show that the child has been sexually
assaulted by the accused person.

3. The assault left the child severely traumatized. It has affected her both
physically and psychologically, as it was very violent. Due to the assault,
the child was traumatized and affected psychologically and physically.
She was further isolated from society due to societal stigma surrounding
her attack as it occurred in her neighbourhood.

4. The child was studying in 6th class at the time of the incident. The child’s
mother works at a hospital as a staff support person. This household is run
under the sole income of the mother making it very difficult for the

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mother to seek the medical and psychological help needed for the child.
The child is in urgent need of money for her education, psychological and
monetary help. That the parents do not have the means to provide the
victim with the education and specialized psychological treatment she
requires all whilst also relocating and finding a new place to live.

5. Rule 9 of the Protection of Children from Sexual Offences Rules, 2012


empowers the Special Court to pass an order for compensation and this
Rule also talks about the procedure for the award of compensation. The
relevant provisions of this rule are reproduced below:

Rule-9(1): “The Special Court may, in appropriate cases, on its own or on


an application filed by or on behalf of the child, pass an order for interim
compensation to meet the immediate needs of the child for relief or
rehabilitation, at any stage after registration of the First Information
Report. Such interim compensation paid to the child shall be adjusted
against the final compensation, in any.

(2) ……………………..

(3) ……………………..

(4) The compensation awarded by the Special Court is to be paid by the


State Government from the Victim Compensation Fund or other scheme or
fund established by it for the purposes of compensating and rehabilitating
victims under section 357A of the Code of Criminal Procedure or any
other laws for the time being in force, or, where such fund or scheme does
not exist, by the State Government.

(5) The State Government shall pay the Compensation ordered by the
Special Court within 30 days of receipt of such order.”

6. Additionally, Section 3 of the Protection of Children from Sexual


Offences Act, 2012, empowers special courts to charge an offender for
penetrative sexual assault:
A person is said to commit "penetrative sexual assault" if--
(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra
or anus of a child or makes the child to do so with him or any other
person; or

2
(b) he inserts, to any extent, any object or a part of the body, not being
the penis, into the vagina, the urethra or anus of the child or makes the
child to do so with him or any other person; or
(c) he manipulates any part of the body of the child so as to cause
penetration into the vagina, urethra, anus or any part of the body of the
child or makes the child to do so with him or any other person; or
(d) he applies his mouth to the penis, vagina, anus, and urethra of the
child or makes the child to do so to such person or any other person.
7. The Victim was vulnerable prior to the assault and the accused targeted
the child and brutally committed penetrative sexual assault on her. The
child was severely traumatized by the assault the effects of which were
seen by her schoolteachers and due to the same she was required to seek
trauma therapy.
8. The Victim had to further drop out of her school as a few weeks after the
filing of the FIR, police personnel had come and called her out of class for
verification of her birth record as a result everyone in her school got to
know about her abuse. Owing to which she was eventually bullied by her
peers and was also called names. She is currently enrolled in tuition
classes as she was unable to get admission into another school.
9. The Victim has also been asked along with her parents to vacate their
house in 10 days as the landlords did not want a sexual assault survivor
staying in their house for reasons surrounding bringing shame, societal
taboo and stigma to them and their household.

The child needs immediate educational, psychological and monetary help,


and it is crucial that the child receive the attention as soon as possible to
avoid further trauma and stigma.

PRAYER

It is, therefore, most respectfully prayed that the claim of the child
may kindly be considered compassionately, and an appropriate and
adequate interim compensation may kindly be awarded to the child in the
light of above-mentioned facts and rules.

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New Delhi Applicant/Mother of the child

Date through

Drsika Bhutani and Shivam

Counsel for Victim Child ‘G’

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IN THE COURT OF MS. SHREYA ARORA MEHTA, ASJ (FTSC)
(POCSO); SOUTH, SAKET COURTS COMPLEX: NEW DELHI.

SC No. XXX/XX

In Re:
G Vs. SINGH

AFFIDAVIT

I, xx aged about xx years, W/o xx , R/o xx , do hereby solemnly affirm and


declare as under:-

1. That I am competent and authorize to swear the affidavit in this case to


file the accompanying application and other pleadings before this
Hon’ble Court.

2. That I am mother of Child ‘G’ who is victim.

3. That the accused was a shopkeeper in our neighborhood and is in


judicial custody. The incident has affected her emotionally, mentally,
and socially. I request this Hon’ble court to kindly consider my
application for interim compensation.

4. That the accompanying application under rule 9, Prevention of Children


from Sexual Offences Rules, 2012 seeking interim compensation has
been drafted by the counsel on my instruction. The facts therein are true
and correct to my knowledge based on record. Legal submissions, made
therein, are believed to be true and correct. I have gone through the
same and understood the same.

DEPONENT

VERIFICATION:

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I, the deponent hereinabove, do hereby verify that the contents of the affidavit
are true and correct to my knowledge and nothing material has been concealed
therefrom. Verified at New Delhi on this day of 2022 .

DEPONENT

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