LAWS(GAU)-2023-12-118

X Vs. STATE OF ASSAM

Decided On December 12, 2023
X Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. B. Khakhlary, learned counsel for the petitioner and Mr. D. Nath, learned Senior Government Advocate for the State respondents.

(2.) This writ petition is instituted under an unfortunate circumstance where a minor girl aged about 10 years was subjected to sexual assault resulting in impregnation and the minor delivered a girl child at the age of about 11 years. The minor victim is presently aged about 16 years and the girl child that was delivered is aged about 4 to 5 years. The writ petition was initially instituted by the father of the victim mother claiming for compensation as regards the child that was born out of the sexual offence but unfortunately, the father died during the pendency of the writ petition. The victim mother under the law had been provided certain compensations and the perpetrator of the offence had also been convicted in the meantime and is undergoing his sentence.

(3.) We are presently concerned with the fate of the child who was born out of the aforementioned offence who has nobody to effectively look after her. The victim mother itself is still a minor who also does not have any income of her nor had appropriate education as because the alleged offence put her life in disarray.