HC flays Pocso court for being insensitive to acid attack victim
The HC observed that the paltry sum awarded was a mockery of justice
The Gujarat high court criticized a Pocso court in Anand for not awarding full compensation to a juvenile victim of an acid attack merely because she did not have facial injury marks.
The HC observed that the paltry sum awarded was a mockery of justice.
Justice J C Doshi raised the compensation from Rs 1 lakh to Rs 4.5 lakh and observed that the Pocso court had erred in holding that since the victim had not suffered a visible facial injury due to the alleged acid attack, she could not be considered for compensation payable to victims of acid attacks.
The victim was unconscious for four days and in hospital for 45 days to treat damage to her oesophagus and stomach.
Police invoked Section 306A of the Indian Penal Code and the Protection of Children from Sexual Offences (Pocso) Act against the accused.
Before the Pocso court in 2021, the victim's father requested compensation under the Victim Compensation Scheme of 2019, saying his daughter underwent prolonged medical treatment.
The Pocso judge granted Rs 1 lakh compensation and observed that as there were no facial injury marks and that she would have received compensation under various other government schemes.
The victim's father approached the HC through advocate Amruta Patel, who submitted that the Pocso court should have exercised suo motu powers to grant compensation.
She complained that the lower court was insensitive and prejudicial to the very object of the scheme and Pocso rules.
The state government and the Gujarat State Legal Services Authority (GSLSA) concurred with the complainant's view.
The GSLSA also submitted that the lower court's approach was very technical and evaded the object of the compensation scheme.
After hearing the case, Justice Doshi said that the lower court's findings were totally erroneous and against the purpose and object of the Victim Compensation Scheme.
