UMESH SHANKAR PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service for Respondent No.1 and learned Advocate Ms. Calla waives for Respondent No.3. Though served, none appears for Respondent No.2-original accused.

(2.) By way of this petition, filed under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the judgment and order dtd. 31/8/2021, passed by the learned 2nd Additional Sessions and Special POCSO Judge, Anand (in brief, 'Court below'), in Criminal Misc. Application No. 944 of 2021, whereby, the Court below granted the compensation of Rs.1,00,000.00 under Rule 9(2) of the Protection of Children from Sexual Offences Rules, 2020 (herein after, 'POCSO Rules'), towards interim compensation with a further direction to release the same, after adjusting any other amount received by the victim, except, the benefit obtained under Mukhyamantri Amrutam Youjna ( 'MA Scheme', in brief).

(3.) The facts leading to the filing of the present petition can briefly be stated as the petitioner-original complainant is the father of the victim girl. The original accused-Respondent No.2 herein as well as the complainant are residing in the same locality. On the fateful day of 9/12/2020, when the victim wake-up to answer the natural call in wee hours, Respondent No.2 intercepted the victim, who was minor at the relevant point of time, near the gate of her house and asked her to have relationship with her, when the victim denied, Respondent No.2 got enraged and dragged her to some distance and forcefully made her drink acid, which he had brought in a bottle. Respondent No.2 then fled the scene of offence, leaving behind the victim in feeble and vulnerable condition. Then the victim returned to her home. In the meantime, the petitioner and other family members had woken-up and since they did not find the victim at home, they searched her outside home. On finding the victim, when the petitioner asked her as to what had happened, the victim could not reply, as she was under tremendous mental and physical trauma and she became unconscious. The victim was therefore taken to Sri Krishna Hospital at Karamsad, where, doctor operated her to treat her injuries.