Introduction:

The Gujarat High Court, in a significant ruling, enhanced the compensation for a minor rape survivor, granting her over Rs. 12 lakh, recognizing the serious nature of the crime and the aggravating circumstances she endured. The case involved a young girl who was repeatedly assaulted and had to undergo a medical termination of pregnancy. The trial court had initially granted her Rs. 3 lakh as compensation, but the High Court found this amount inadequate, noting that the lower court’s order lacked proper reasoning and failed to consider the trauma suffered by the survivor.

In the case titled XYZ vs. State of Gujarat & Ors., the survivor’s father had challenged the compensation awarded by the trial court, seeking an enhancement. The Gujarat High Court examined the Gujarat Victim Compensation Scheme, 2019, which provides that if the victim is a minor, the compensation should be 50% higher than the standard amount. The High Court ruled that the survivor’s case fell under this provision and found that the trial court had not justified the lower compensation. Justice Vimal K. Vyas noted that the trial court had not provided clear reasons for the amount awarded and emphasized that the survivor had endured severe physical and mental agony, including forced termination of pregnancy.

Arguments of the Petitioner:

The complainant, the father of the survivor, argued that the compensation awarded by the trial court was insufficient given the extent of suffering his daughter endured. He contended that the Gujarat Victim Compensation Scheme, 2019, mandated higher compensation for minor victims and that the trial court had not applied this provision correctly. He further highlighted that the victim was kidnapped and raped multiple times, which aggravated the nature of the crime. The father sought a substantial enhancement in compensation to ensure that his daughter could receive adequate rehabilitation and psychological support.

Arguments of the Respondents:

The State opposed the petition, contending that the trial court had exercised its discretion in determining the compensation. They argued that while the Gujarat Victim Compensation Scheme allows for higher compensation, the trial court had considered all aspects before arriving at the Rs. 3 lakh figure. The prosecution also submitted that the convict had been sentenced under Sections 363, 366, 376 of the IPC and Sections 4, 5, and 6 of the POCSO Act, ensuring that justice was served through the conviction. However, the State left the decision of compensation enhancement to the discretion of the High Court.

Court’s Judgment:

The Gujarat High Court, after analyzing the case, found that the trial court had erred in not providing a proper justification for the amount of compensation awarded. The court ruled that the victim was entitled to Rs. 12,75,000 in total compensation under the Gujarat Victim Compensation Scheme. The court observed that the survivor, who was only 14 years old at the time of the crime, had suffered extreme trauma and that compensation should reflect the gravity of the crime and the necessity of supporting the survivor’s rehabilitation. The State Legal Services Authority was directed to release the enhanced compensation, deducting any previously paid amount. The appeal was thus allowed, and the compensation was significantly increased to ensure justice for the survivor.