Supreme Court Grants Bail and Directs Victim Compensation in Sexual Offence Case.


04 November 2024 Bail and Antcipatory Bail >> Criminal Law   |   Criminal Appeals & Suspension of Sentence >> Criminal Law  

The appellant, convicted under Sections 376-D, 354 of the IPC, and Section 4 of the POCSO Act for crimes involving a 13-year-old victim, challenged the dismissal of his interim application for suspension of sentence and bail by the Bombay High Court. The appellant had already served over half of his sentence (9 years and 7 months), and his appeal before the High Court, filed in 2020, was pending. The co-accused had been granted bail by the High Court.

The Supreme Court, noting that the appellant had served a significant portion of his sentence, allowed the appeal, granted bail, and directed his release by the Sessions Court, subject to appropriate conditions. However, the Court emphasized that the suspension of sentence should not delay the hearing of the appeal.

 
 

The Court also addressed a critical issue raised by the Amicus Curiae, Shri Sanjay Hegde, regarding the lack of victim compensation under Section 357-A of the CrPC and the POCSO Act. The Supreme Court highlighted the failure of the Sessions Court to direct compensation for the victim at the time of conviction, which could delay the disbursement of compensation. It directed that in all cases involving serious crimes such as sexual assault on minors or women, the Sessions Court should order victim compensation, and it should be implemented quickly by the District or State Legal Services Authority.


Furthermore, the Court instructed that a copy of its order be circulated to all High Courts and District Judges to ensure that victim compensation is consistently ordered and expedited. The Court also recommended interim compensation in appropriate cases. In the present case, the Supreme Court asked the High Court to consider awarding interim compensation to the victim.

The Court concluded by appreciating the contributions of the Amicus Curiae, Shri Sanjay Hegde, for his assistance in highlighting the importance of victim compensation under the law. The appeal was allowed, and the directions were issued.


Protection of Children from Sexual Offences Act, 2012