A child who is born out of rape is designated to compensation and is independent of any such relief granted to the mother, according to the Delhi High Court rule.
The decree to the ramification, in which a man has been sent to jail for his entire life for raping his minor step-daughter, was conveyed after the court noted that there was no such cater under the Protection of Children from Sexual Offences (POCSO) Act or under the Delhi government’s gambit’s allowance scheme.
The high court ironically in the earlier times had laid down a law in this regard. They reduced the amount of defrayal to the rape victim from Rs 15 lakhs which was awarded by the trial court to Rs 7.5 lakhs. It also aspersed the trial court by giving a go-by to the guidelines for maintaining inwardness of the rape victim.
A bench of Justices Gita Mittal and R K Gauba remarked that a child born out of rape, either of a minor or an adult woman is clearly a victim of the act of the felon and are entitled to compensation independent of the amount of compensation paid to the mother.
This vicious void in the law came to the court’s attention when it was dealing the appeal of a man condemned and awarded life term imprisonment for raping his minor step-daughter. The minor as a result of the crime, gave birth at the tender age of 14 years.
The court upholding his conviction and sentence said that nothing more can be sordid than this case. The abuse was out of sheer lust and he couldn’t perform the duties he was entrusted with by his wife and step-daughter. The untold miseries on the young body, mind and psyche of the prosecutrix child would leave lifelong scars that would not ever heal.
The court also clarified that the man shall remain behind bars as they see no scope for any pity in the matter of punishment. The bench also expressed annoyance over the manner in which the trial court mandated to keep the minor victim’s identity confidential under POCSO.
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