Madurai bench awards Rs 14 lakh compensation to sexual assault victim

MADURAI: The Madurai bench of Madras High Court awarded compensation of Rs 14 lakh to a victim of sexual assault on Thursday.

T Kaliammal, the petitioner, who’s the mother of a mentally challenged girl, who’s ravaged and impregnated by a “wolf in sheep’s clothing,” old enough to be her father, knocked at the doors of this court seeking compensation for this wrong inflicted on her daughter.

The accused aged 55 years and a neighbour, took advantage of the victim’s physical and mental disability and committed aggravated penetrative sexual assault on her not once, but on several occasions. The victim was not even in a position to narrate the ordeal to her mother. It was only when she had become pregnant, that the mother came to know about the same and immediately, a complaint was lodged at Kadambur All Women Police Station, Thoothukudi district and an FIR too was registered under the Protection of Children from Sexual Offences Act, 2012.

The High Court already directed the Dean, Government Hospital Medical College, Thoothukudi on February 18, 2020 to examine the petitioner’s daughter and submit a detailed report about her status and age of the foetus and also her medical fitness for the termination of pregnancy.

The Dean was also directed to terminate the pregnancy of the victim and it’s complied with. Thereafter, an interim compensation of a sum of Rs 1 lakh was sanctioned to the victim. Meanwhile, the accused died and it’s stated that the criminal proceedings were closed as abated. Justice PT Asha in her order observed that the victim is definitely entitled to compensation of the maximum limit. Hence, the court directed that a compensation of a sum of Rs 14 lakh be paid to the victim. This sum should be deposited in an interest bearing account with the mother as the guardian. The mother should be permitted to withdraw interest every month. The said sum should be utilised only for the upkeep and the rehabilitation of the victim. The District Child Protection Officer should visit the home of the victim once in three months and submit a report to the District Legal Services Authority (DSLA), Thoothukudi. The DSLA should ensure compliance with the order.

In case, the report would state that the amounts were not being used for the welfare of the victim, then an application should be made to this court for modifying the orders by the District Child Protection Officer. In case, the mother requires a substantial amount for the benefit of the victim, she could make an application to this court for appropriate order.

The amount of Rs 14 lakh should be paid from and out of the Tamil Nadu Child Victim Compensation Fund by the Chairman, DSLA, within a period of four weeks from the date of receipt of a copy of this order and report compliance to this court.