Victim Compensation: Delhi Court Grants 2.5 Lakh Compensation In Delhi Cantt. Rape Case On The Ground Of Loss Of Life

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A Delhi Court by order dated August 12, 2021, granted interim compensation of Rs 2.5 lakh in Delhi Cantonment Rape Case on the ground of loss of life. Compensation on the additional ground of rape was denied, giving liberty to file afresh as the investigation unfolds.

ASJ Ashutosh Kumar, POCSO Court, passed the order under Delhi Victim Compensation Scheme, 2018, pursuant to an application made under Section 357 CrPC, 1973.

The accused persons have been booked under Sections 302, 304, 376, 341, 506, 201 and 34 IPC, along with Section 6, POCSO Act and Section 3 of the SC/ST Act.

Mother of the deceased victim (9-year old minor) has stated that while her daughter was away to get water from water-cooler around the crematorium, 2 priests allegedly raped and cremated her body without the family’s knowledge or consent. 

“As per the schedule applicable to Part II of the Delhi Victim Compensation Scheme 2018, the maximum compensation awardable in case of loss of life is Rs. 10 Lakh. Hence, the informant (mother of deceased victim child) is entitled to be considered for interim compensation of 25% of Rs. 10 Lakh i.e. Rs 250000," Court ordering compensation said.

Directions were issued to the NDDLSA to release the amount forthwith.

“As regards the interim compensation on the additional ground of the alleged rape of the victim, in view of the submission of the IO and I view of the fact that the investigating agency itself is not sure as to whether the victim was raped or not, the interim compensation qua the same is not allowed at this stage. However, liberty is granted to move a fresh application to that regard, in case the investigating agency collects further material or comes to the conclusion that the victim child was raped,” Court added.

Case Title: State v. Kuldeep Singh