Delhi High Court Elevates Compensation for Sexual Abuse Victim to ₹210.5 Lakhs, Up from ₹7.85 Lakhs

The victim, who was 17 years old when the crime was reported in 2018, faced severe mental trauma. Justice Manoj Kumar Ohri underscored the importance of compensation as an essential part of helping the victim heal and move forward. As a result, the Court raised the total compensation to ₹10.5 lakhs, directing an additional ₹79.65 lakhs to be paid on top of the ₹7.85 lakhs previously awarded.

The criminal case was registered under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) after the father’s abuse came to light. However, the trial was cut short when the accused died by suicide. During the proceedings, the victim had initially been granted ₹7.5 lakhs in interim compensation, which was later increased by ₹1 lakh. The victim’s legal counsel argued that the compensation awarded was inadequate, considering the immense trauma she had endured and her family's financial difficulties. The victim's mother, earning only ₹27,000 per month, was the sole breadwinner responsible for supporting the family, including the victim and her brother.

The Court agreed that the amount awarded was insufficient, particularly given the victim’s disrupted education and the financial strain on the family. It recognized the importance of the victim continuing her education and taking steps to rebuild her life. Despite the fact that aggravated sexual assault is not specifically mentioned in the Delhi Victim Compensation Scheme, 2018, the Court referred to compensation guidelines for unnatural sexual assault as a basis for determining the appropriate sum. The Court adjusted the compensation range from ₹4-7 lakhs to ₹6-10.5 lakhs, and because the victim was a minor, it increased the compensation by 50%.

In conclusion, the Delhi High Court awarded the victim ₹10.5 lakhs in compensation, with instructions for the Delhi State Legal Services Authority (DSLSA) to ensure that the payment is made within four weeks.