The High Court Gujarat rewards the compensation of 12 lei to which he was raped as a minor, he had to cease the task

Justice Vimal K Vyas In his order, he noticed that from the court decision appeared that there is no specific reference to what base, the court established that the amount of the compensation should be 3.00,000 lei. The court heard an appeal filed by the survivor’s applicant father to improve the compensation granted by the court and to modify the latter.

The High Court examined the compensation scheme of the victim in Gujarat, 2019 and noted that the first facie appeared that according to clause 9 (5) if the victim is a minor, the limit of the compensation will be considered 50% higher than the amount mentioned in the program annexed to the scheme. The court said that the minor is covered by this clause.

Subsequently, the court observed:

–The first facie seems that the appellant-Victima suffered a lot of physical harassment, mental agony and trauma and had to go through aggravating circumstances in which he had to medically conclude his task because of the rape committed by her several times.This Court finds that the judgment and order of the court of 27.01.2023 is not speaking insofar as the compensation amount granted to the victim is not concerned, because there were no reasons for granting the amount of compensation of Rs.3.00,000 = 00 for her victim, who was a minor at the time of the incident and which ceased to stop her. This is a very serious case of rape on the minor victims, who had to go through aggravating circumstances, based on which a compensation on a higher part should have been granted by the court“.

After examining the categories in the scheme of compensation of the victims in Gujarat, the court indicated that the survivor has the right to a total compensation amount of 12.75,000 lei.

“The amount of compensation of 12.75,000.00 Rs.12.75.000.00, so as to include the amount of compensation of 3.00.000.00 Rs. The compensation granted to the victim is in question, it is modified to the extent mentioned above,” he added.

It was stated that at the time of the incident of 2018, the survivor was 14 years and 13 days. She stated that the girl was lured and abducted by the accused convicted of her father’s legal guardians with a later reason and raped her several times and was impregnated by him.

The father then filed a complaint against the accused for offenses under IPC 363 sections (abduction punishment), 366 (kidnapping, kidnapping or inducing a woman to compel his marriage), 376 (punishment for rape) and sections 4 (punishment for penetrating a sexual intercourse), 5) (minor punishment), 5 penetrative sexually) read with section 6 (minor punishment), 5 aggravated sexual insurance) AC. In 2023, the court sentenced it and convicted the accused; He also guided the accused to pay the 3 Lakh RS compensation to the survivor.

Improving the compensation, the High Court has guided the authority for state legal services to issue a total compensation of 12.75,000 RS to the survivor. He said that if the sum 3 Lakh has already been paid, then the same will be deduced from the total amount of compensation.

Thus, it allowed the call.

Case title: Xyz vs State of Gujarat & Ors.