XXXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) The power and jurisdiction of the Kerala State Legal Services Authority (KeLSA)/District Legal Services Authority (DLSA) to award compensation to the victims under the Kerala Victim Compensation Scheme, 2017(As amended in 2021), without the recommendation from the Court falls for consideration in these petitions filed under Sec. 482 of the Code of Criminal Procedure Code, 1973 (for short, Cr. P.C).

(2.) Two sexual assault victims who suffered adverse orders at the hands of KeLSA rejecting their applications for victim compensation are the petitioners.

(3.) The petitioner in Crl. M.C.No.3531/2022 was the victim in SC No.1232/2017 on the file of the First Additional Sessions Court, Kollam. The accused was none other than her father. The offences alleged were under Ss. 376 of IPC, Ss. 3(b), 4, 5 (i) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, POCSO Act) and Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act (for short, the JJ Act). The allegation was that the accused sexually assaulted the victim, aged 4 1/2 years, by inserting his finger and buds into her anus on many occasions prior to 11/7/2017 at their house. After a fullfledged trial, the learned Additional Sessions Judge convicted and sentenced the accused under Ss. 3(b) r/w 4 and 5 (i) r/w 6 of the POCSO Act and Sec. 75 of the JJ Act. Apart from the substantive sentence, a total fine amount of Rs.75,000.00 was imposed. However, there was no recommendation to pay compensation as contemplated under Sec. 357A (3) of Cr.P.C. or Rule 9(2) of the Protection of Children from Sexual Offences Rules, 2020 (for short, POCSO Rules) r/w Sec. 33(8) of the POCSO Act.