Court Overrules Steering Committee's Denial, Cites Beneficial Legislation under Uttar Pradesh Rani Lakshmi Bai Mahila Samman Kosh Rules, 2015
In a significant judgment, the Allahabad High Court has directed the payment of compensation to a minor victim of penetrative sexual assault, overruling the decision of the District Steering Committee, which had denied the compensation due to the absence of physical injuries in the medical report. The Division Bench, comprising Justices Shekhar B. Saraf and Manjive Shukla, emphasized the liberal interpretation of the Uttar Pradesh Rani Lakshmi Bai Mahila Samman Kosh Rules, 2015, which aims to support victims of sexual offenses.
The case, titled "Victim X in FIR No.048 of 2025 v. State of U.P.," involved a minor who was sexually assaulted on March 7, 2025. Despite the FIR and charge sheet indicating an offense under Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, the Steering Committee withheld the compensation, arguing that the injury report did not corroborate penetrative injury.
The High Court, in its judgment dated January 14, 2026, clarified that the absence of physical injuries does not negate the occurrence of penetrative sexual assault. Citing precedents from the Supreme Court, the Bench reiterated that trauma from such offenses is sufficient ground for compensation, irrespective of physical evidence of injury.
The Court ordered the immediate payment of Rs. 3 lakhs to the victim, as prescribed under the Scheme, underscoring that the FIR, injury report, and charge sheet are adequate for granting compensation. The Bench criticized the Steering Committee's stance, stating that it is beyond its jurisdiction to reassess the evidence contrary to the charge sheet.
This decision reinforces the protective measures for victims under the POCSO Act, highlighting the judiciary's role in ensuring justice and support for survivors of sexual crimes.
Bottom Line:
Compensation under 'Uttar Pradesh Rani Lakshmi Bai Mahila Samman Kosh Rules, 2015' cannot be denied to a victim of penetrative sexual assault under Section 4 of the POCSO Act merely because the injury report does not indicate physical injuries.
Statutory provision(s):
- Protection of Children from Sexual Offences Act, 2012, Sections 3 and 4
- Uttar Pradesh Rani Lakshmi Bai Mahila Samman Kosh Rules, 2015
