Guj HC | Court goes beyond the relief sought, helps POCSO victim to become self-sufficient

Gujarat High Court: The Division Bench of Sonia Gokani and N.V. Anjaria, JJ. went beyond the case to help a POCSO victim to continue her further studies from her parental home. Order was issued against a Criminal Misc. Application filed by the desirous victim pleading the Court to allow her to handover the custody of her minor daughter and join her parents. The applicant was called before the Court with her child before passing of the order.

The Applicant will be 18 years old in March 2022. She was residing at the Women’s Protection Home, Palanpur. She was desirous to shift to her parental home with her child. The Court, suo moto, enquired regarding the studies of the victim and hence it was informed that Special Training Programme for the Primary Education has been given to the victim at Women Shelter Home at Palanpur. It was also brought to the notice of the court that she could only continue with her studies until she is at the shelter home.

The Applicant was allowed to shift and the Shelter Home was directed to discharge her expeditiously. The Court directed the District Magistrate to make necessary arrangements for further studies of the victim at her parental home to make her self sufficient to secure her future. It was also beheld that no action has been taken regarding to compensation, which every POCSO victim is entitled to get, a direction was also passed for the same. The Court also asked for periodical visit to her by authorized person from the office of District Magistrate till the victim was rehabilitated. Furthermore, the victim and the District Magistrate have been permitted to approach the Court in case of any difficulty.[Kakiben Raval v. State of Gujarat, 2021 SCC OnLine Guj 2030, decided on 23-12-2021]


Suchita Shukla, Editorial Assistant has reported this brief.


Appearance:

For petitioner: Mr Het N Shah

For respondent: Ms Maithili Mehta

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