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Rape Survivor Wins Compensation Appeal After Jaipur Court Denial
1 Nov
Summary
- Rajasthan High Court quashes Pocso court order denying compensation
- Criticizes lower court's focus on technicalities over trauma of survivor
- Orders Pocso court to reconsider compensation claim within 6 weeks
On November 1, 2025, the Rajasthan High Court delivered a significant ruling in favor of a minor rape survivor, overturning a previous Jaipur Pocso court order that had denied the victim compensation under the state's Victim Compensation Scheme.
The high court strongly criticized the lower court's approach, which had dismissed the survivor's compensation plea on technical grounds, such as a lack of documentary proof regarding her income or school fees. The high court emphasized that the purpose of the compensation scheme is to rehabilitate and provide solace to survivors of heinous crimes like rape, and that it should not burden them with unnecessary procedural requirements.
Justice Anoop Dhand, who presided over the case, observed that the crime of rape is "the highest form of torture inflicted upon womanhood" and that it inflicts not only physical trauma but also deep mental, psychological, and emotional wounds. The high court, therefore, sent the matter back to the Pocso court, directing it to decide on the survivor's compensation claim afresh within six weeks.
The high court also suggested alternative ways for the petitioner to seek government assistance, clarifying that the survivor may file the application either before the Pocso court or the secretary of the District Legal Services Authority, but not with both authorities simultaneously.
