Child Born to Prosecutrix is entitled to Compensation for Maintenance even if Rape Charges are Revoked

Must Read

Supreme Court Stays Bombay HC Judgment which said Groping without Skin Contact Not Sexual Assault under POCSO

The National Commission for Women (NCW) has challenged the Bombay High Court judgment where it stated that groping a child’s breasts without any ‘skin-to-skin’ contact will not be considered as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act.

Supreme Court Classifying Employees Based on Educational Qualifications for Promotion or Appointment Is Neither Violative of Article 14 nor of Article 16

This case concerns the dispute relating to the classification of employees belonging to the homogenous group based on educational...

Supreme Court Refuses To Transfer Petitions To Itself Related To ‘Love Jihad’ Filed in Allahabad High Court

On Monday, the Supreme Court refused to entertain the plea which was filed by the UP Government regarding the transfer of all the pleas challenging the ordinance the court passed, from Allahabad High Court to the Supreme Court.

Bombay HC Nagpur Bench Holds That Groping a Girl Without ‘Skin To Skin’ Contact Is Not Sexual Assault

The Nagpur bench of Bombay High Court acquitted a man charged under the Protection of Children from Sexual Offences Act (POCSO) and convicted him of a minor offence under IPC stating that there was no direct physical contact.

Delhi High Court Restrains Publication of Book on “the Ryan School Murder”

The Order had come in an injunction application filed by the St. Xavier's Education Trust in Delhi. The Plaintiff...

Supreme Court Closed Proceeding in Case of “in Re: Advocate on Record Includes a Proprietary Firm Etc.”

Brief facts of the case Emails from the Petitioner resulted in an administrative decision. An Order of the Supreme Court...

Follow us

Name of the Case

Vikram Singh @ Vicky Singh v. State of NCT of Delhi

Bench

Justice S.P Garg and Justice C.Hari Shankar

Delhi High Court delivers a very interesting judgment in which the high court quashed a trial court’s order declaring two men guilty of raping a minor girl but instructed both of them to pay compensation for maintenance of a child born to prosecutrix.

Facts of the case

Division Bench of the High Court was listening to an appeal filed by two prisoners who challenged a judgment passed by Additional Session’s Judge at the beginning of the year 2013 by the.  Additional Session’s Judge had convicted them for repeatedly raping a 13-year old girl for over a period of 4 to 5 months. Crime came to light only when it was discovered that the victim was pregnant.

The victim received proper medical attention after seven months of pregnancy. She gave birth to a boy in March 2012. The child is now in a private orphanage in Haryana.

The decision of the case

Division Bench after examining all the shreds of evidence and arguments advanced by both the sides observed that the victim had given conflicting and divergent versions at different stages of the investigation. She did not tell her parents or the police about her ordeal at any stage. She continued to have physical relation with appellant and visited their office whenever called without a hitch and it was further observed that no injuries were found on her body or private parts to indicate forced sexual intercourse. None of the evidence furnished could prove the fact that she was below 16 years of age at the time of the crime. All this led the court to come to the conclusion that she was a consenting party throughout the incident.

Court also rejected the application of the Protection of Children from Sexual Offences Act (POCSO Act) 2012, noting that alleged crime happened before the Act came in force. The court thereafter allowed the appeal and set aside the conviction and sentence awarded to the appellants saying

Since the victim was more than 16 years of age at the time of commission of the offence and physical relations (if any) were with her consent, the appellants cannot be held guilty for commission of offence punishable under Section 376 IPC and the finding of the Trial Court on that score cannot be sustained and are set aside.

Moreover, Court also observed that DNA report confirmed that child belonged to the Tejinder Singh and ordered Vikram Singh and Tejinder Singh to pay 5 lakh and 8 lakh rupees respectively to the victim as compensation justifying the same on the following logic.

Since the victim who was below 18 years on the date of the incident was exploited and physical relations were established by the appellants who were major and knew the consequences of their acts whereby the poor girl became pregnant and delivered the child she is entitled to compensation for the maintenance of the child.

Learning of the case

From this case, we learn that child born to a prosecutrix even from rape is entitled to compensation for maintenance even if rape charges are dropped.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Supreme Court Stays Bombay HC Judgment which said Groping without Skin Contact Not Sexual Assault under POCSO

The National Commission for Women (NCW) has challenged the Bombay High Court judgment where it stated that groping a child’s breasts without any ‘skin-to-skin’ contact will not be considered as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act.

Supreme Court Classifying Employees Based on Educational Qualifications for Promotion or Appointment Is Neither Violative of Article 14 nor of Article 16

This case concerns the dispute relating to the classification of employees belonging to the homogenous group based on educational qualifications. Brief facts of the case The...

Supreme Court Refuses To Transfer Petitions To Itself Related To ‘Love Jihad’ Filed in Allahabad High Court

On Monday, the Supreme Court refused to entertain the plea which was filed by the UP Government regarding the transfer of all the pleas challenging the ordinance the court passed, from Allahabad High Court to the Supreme Court.

Bombay HC Nagpur Bench Holds That Groping a Girl Without ‘Skin To Skin’ Contact Is Not Sexual Assault

The Nagpur bench of Bombay High Court acquitted a man charged under the Protection of Children from Sexual Offences Act (POCSO) and convicted him of a minor offence under IPC stating that there was no direct physical contact.

Delhi High Court Restrains Publication of Book on “the Ryan School Murder”

The Order had come in an injunction application filed by the St. Xavier's Education Trust in Delhi. The Plaintiff sought ad-interim restraining order on...

Supreme Court Closed Proceeding in Case of “in Re: Advocate on Record Includes a Proprietary Firm Etc.”

Brief facts of the case Emails from the Petitioner resulted in an administrative decision. An Order of the Supreme Court has drawn up the issue...

Supreme Court To Hear Female Army Officers Plea on Non-Implementation of the Permanent Commission

Claiming that its order granting Permanent Commission to women in the army’s non-combat support units on par with the male counterparts was not implemented well, many Women Army officers have approached the Supreme Court.

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta High Court on 22nd January...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by the Petitioners (wife) challenging the...

Calcutta High Court: Deceased’s Wife Has the Sole Right Over His Preserved Sperm; Father Doesn’t Have Any Fundamental Right Over Son’s Progeny Without the...

Case: Asok Kumar Chatterjee vs. The Union of India & Ors. The Calcutta High Court dismissed the petition by the Petitioner (father) on 19th...

More Articles Like This

- Advertisement -