Very Serious Case: Gujarat High Court Enhances Compensation To ₹12.75L For Victim Raped When Minor And Had To Terminate Pregnancy

The Gujarat High Court enhanced a compensation amount to Rs. 12,75,000/- for a victim who was raped when she was a minor and had to medically terminate her pregnancy.

A Criminal Appeal was preferred by the victim through her father before the Court under Section 372 of the Criminal Procedure Code, 1973 (CrPC), praying for the enhancement of the compensation amount awarded by the Trial Court and for the modification of the Judgment of the Special Judge to that effect.

A Single Bench of Justice Vimal K. Vyas remarked, “This Court finds the impugned judgment and order of the trial court dated 27.01.2023 to be non-speaking so far as the amount of compensation awarded to the victim-girl is concerned since no reasons have been assigned for awarding the amount of compensation of Rs.3,00,000=00 to the victim-girl, who was minor at the time of the incident and who had to medically terminate her pregnancy. This is a very serious case of rape on the minor victim girl who had to pass through aggravating circumstances, under which a compensation on a higher side ought to have been awarded by the trial court.”

Advocate Nirav V. Parghi appeared for the Appellant while Public Prosecutor Asmita Patel appeared for the Respondents.

Facts of the Case

As per the prosecution case, the victim who was aged about 14 years at the time of the incident, was lured and kidnapped by the accused-convict from the lawful guardianship of her father i.e., the Complainant with an ulterior motive to commit sexual intercourse with her. Thereafter, she was allegedly subjected to rape by the accused for several times and was impregnated by him. For the alleged incident, the Complainant filed a Complaint for the offences punishable under Sections 363, 366, and 376 of the Indian Penal Code, 1860 (IPC) as well as under Sections 4, 5 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

The Special Judge convicted the accused. The victim had applied for medical termination of her pregnancy before the Trial Court and as per the Court’s Order, her pregnancy was terminated. An Application was preferred under Section 357A CrPC before the Trial Court for enhancement of compensation amount awarded. However, the Trial Court dismissed the same and hence, the victim was before the High Court.

Reasoning

The High Court in the above context of the case, observed, “… this Court is of the view that the minor victim girl is entitled to a compensation amount of Rs.12,75,000=00.”

The Court, therefore, directed that the victim is entitled to a total compensation amount of Rs. 12,75,000/- being the victim of rape at a very young age as she suffered a lot of physical harassment and mental trauma and also passed through aggravating circumstances where she had to medically terminate her pregnancy because of the rape committed on her several times by the accused-convict.

Furthermore, the Court clarified that the compensation amount of Rs.12,75,000/- so awarded would include the compensation amount of Rs.3,00,000/- earlier awarded by the Trial Court to be paid to the victim.

“The State Legal Services Authority is directed to release the total compensation amount of Rs.12,75,000=00 to the appellant victim, however, if the amount of Rs.3,00,000=00 awarded by the trial court is already paid to the victim, then the same shall be deducted from the total compensation amount of Rs.12,75,000=00. The District Legal Services Authority, Bharuch, is directed to take appropriate steps for compliance of the order”, it also ordered.

Accordingly, the High Court allowed the Appeal, modified the impugned Judgment, and enhanced the compensation amount.

Cause Title- XYZ v. State of Gujarat & Ors. (Neutral Citation: 2025:GUJHC:19085)

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