Rejecting the Uttar Pradesh government committee’s decision to deny compensation to a minor rape victim, claiming no injury to her private parts was found, the Lucknow bench of the Allahabad High Court ordered the government to pay Rs 3 lakh to the girl in 10 days.
The division bench of Justice Manjive Shukla and Shekhar B Saraf, in its January 14 order, stated, “Compensation is to be paid to the victim of penetrative sexual assault not because the victim sustained injuries during the penetrative sexual assault, but due to the very fact of having suffered the penetrative sexual assault.”
The court further observed, “The offence is covered within the definition of penetrative sexual assault as per Section 3 of the POSCO Act; it is immaterial whether there is any injury or not and only because there is no injury, that cannot be a ground to refuse compensation to such victims.”
Under the ‘Uttar Pradesh Rani Lakshmi Bai Mahila Samman Kosh Rules, 2015’, the government provides monetary compensation to victims of serious crimes. In cases of rape, the victim is provided Rs 3 lakh in two installments. The first installment of Rs 1 lakh is required to be paid within 15 days of the FIR being filed, and the balance is to be paid within a month of the chargesheet being filed.
The minor was allegedly sexually assaulted on March 7, 2025. Subsequently, a chargesheet was filed on June 25. The petitioner, under Section 4 of the POCSO Act, proceeded to seek Rs 3 lakh compensation — which was denied.
The victim’s family then approached the HC, challenging the decision of the UP Rani Lakshmi Bai Mahila Evam Bal Samman Kosh, District Steering Committee of Gonda, which rejected the victim’s application.
The committee, in its decision, claimed the victim’s medical examination was conducted within a day of the rape but the medico-legal and pathology reports, given by the nodal medical officer, said there was no evidence of penetrative sexual assault.
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The committee, referring to the medical officer’s report, had rejected the application and stated that the victim can put forward her claim for compensation if the trial court holds the offender guilty. The case would be revived and considered for compensation, the committee, in its order disposing of the application, had stated.
The court observed, “In light of the same, we are of the view that pre-requisites as required in the Scheme do not, in any manner, require that the injury report must definitely indicate a penetrative sexual assault injury. Our reading of the said provision of the Scheme is that for granting benefit to the victim, three documents, that is, the FIR, the injury report and the chargesheet, should be present.”
In the order, the court stated, “As long as the FIR and chargesheet indicate the offence under Section 4 of the POCSO Act, no further investigation is required to be carried out by the steering committee… the steering committee cannot conduct a trial and come to a contrary finding that since there is no injury indicated in the injury report, the compensation is not payable.”
“It is to be further noted that the Scheme [for rape victims] is a beneficial legislation that aims to ameliorate the trauma and pain… suffered by victims, and, accordingly, has to be read as a beneficial legislation in a liberal manner,” the order stated.
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The court then quoted a paragraph from a Supreme Court judgment, which stated, “It is a common myth that sexual assault must leave injuries. Victims respond to trauma in varied ways, influenced by factors such as fear, shock, social stigma or feelings of helplessness. It is neither realistic nor just to expect a uniform reaction…”
“We come to the conclusion that the finding of the steering committee is without any basis in law and contrary to the Scheme,” the order said.
“In light of the same, since chargesheet has already been filed in the present case, we direct the compensation of Rs 3 lakh to be paid to the victim immediately within a period of 10 days from date,” the court directed.
