NALANKILLI Vs. STATE

JUDGEMENT

(1.) This petition has been filed against the order passed by the Court below rejecting the application filed by the petitioner seeking for compensation under Rule 7 of the Protection of Children from Sexual Offences Rules 2012 (in short "the POCSO Rules").

(2.) It is seen from records that the daughter of the petitioner, who is a minor, was sexually assaulted by the accused person and the same resulted in a case registered in Crime No.9 of 2015, for an offence under Section 10 of the Protection of Children from Sexual Offences Act (in short "the POCSO Act"). After the completion of the investigation, a final report was filed before the Court below and charges were framed. After a full-fledged trial, a judgment was passed on 05.03.2019 in S.C.No.212 of 2016, wherein, the accused person was convicted for the said offence and was sentenced to undergo five years of Simple Imprisonment and to pay a fine of a sum of Rs.5,000/- in default to undergo further period of six months Simple Imprisonment.

(3.) The petitioner, even before the judgment, had filed an application under Rule 7 of the POCSO Rules, for the relief of payment of compensation to the victim girl. The Court below did not entertain the application. However, at the time of passing of final judgment, the Court below fixed an interim compensation of a sum of Rs.25,000/- payable by the State Government.