Compensation for Minor Rape Victim Must Reflect Aggravating Circumstances and Irreparable Trauma: Gujarat High Court Enhances Award to ₹12.75 Lakh

Trial Court failed to account for the agony, physical harassment, and psychological trauma suffered by the minor victim — Gujarat High Court set aside the meagre compensation of ₹3 lakh granted by the Trial Court to a minor rape victim and enhanced it substantially to ₹12.75 lakh under the Gujarat Victim Compensation Scheme, 2019. Justice Vimal K. Vyas, allowing the appeal preferred by the victim's father under Section 372 of the CrPC, strongly criticised the Special Court for POCSO cases for passing a "non-speaking order" on compensation and ignoring the grave aggravating factors involved.

The Court categorically held, "The amount of compensation fixed by the trial court is too meagre considering the nature of the offence and suffering of the victim."

The facts of the case reveal that the victim, a 14-year-old minor, was subjected to repeated sexual assault by the accused leading to her pregnancy. The ordeal did not end there, as the minor, under a court order dated 18.07.2018, was compelled to undergo medical termination of pregnancy. The Trial Court convicted the accused under Sections 363, 366, 376 IPC and Sections 4, 5 read with Section 6 of the POCSO Act, and awarded a compensation of ₹3 lakh to the victim.

Aggrieved by this inadequate compensation, the victim's father approached the High Court seeking enhancement under the Gujarat Victim Compensation Scheme, 2019.

“Gujarat High Court Holds Trial Court's Order to be Non-Speaking and Arbitrary”

Justice Vimal K. Vyas observed that, "the trial court has fixed the amount of compensation without assigning any reason as to how ₹3,00,000 has been arrived at." The Court termed the order arbitrary and in violation of the spirit of victim compensation jurisprudence.

The Court remarked, "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."

The Bench also pointed out that the Trial Court failed to notice that the suffering of the victim was aggravated due to her young age, the forced medical termination of her pregnancy, and the consequent mental and physical trauma, all of which required enhanced compensation.

Application of Gujarat Victim Compensation Scheme, 2019 by the High Court

The Court applied Clause 8, Clause 9(5) and the Schedule of the Gujarat Victim Compensation Scheme, 2019. The Court explained that, “Clause (9)(5) of the Scheme provides that if the victim is a minor, the limit of compensation shall be deemed to be 50% higher than the amount mentioned in the schedule.”

Highlighting the importance of recognising the plight of a minor victim, the Court said, "The scheme itself recognizes that a minor’s vulnerability and the resulting trauma requires enhanced compensation."

Taking judicial note of the compounded trauma of the minor caused by rape and medical termination of pregnancy, the Court computed the compensation at ₹12,75,000, stating emphatically that, "It is the legal right of the victim to get just and proper compensation in tune with the mandate of the Scheme."

High Court’s Findings on Psychological Trauma and Forced AbortionThe Court did not restrict itself to the mechanical application of the scheme but elaborated that the physical and mental injury was aggravated by the fact that the victim was forced into medical termination of pregnancy. The Court commented, "The rape victim had to suffer not only the pain and agony of the act of rape but also the pain of termination of pregnancy, which has left an indelible scar on her mind."

Referring to the need for compensation beyond mere statutory minimums, Justice Vyas observed, "The compensation should reflect the impact on the victim's dignity, body, and soul, which the scheme rightly acknowledges in cases of minors."

Setting aside the Trial Court’s award, the Court held, "Considering the physical injury, mental agony, and aggravating circumstances such as the forced medical termination of pregnancy, the victim is entitled to a total compensation of ₹12,75,000."

The Court directed that the enhanced amount be released immediately through the District Legal Services Authority, subject to adjustment of any amount already paid.

Date of Decision: 28th March 2025