Thursday, 9 July 2015

compensation for victim from abuser

Sri Ram krishna garu
CWC - Chittoor District
Dear sir

This is in view of bringing an effective case disposal by the CWC of Prakasam district in a recent case of sexual abuse of a minor girl by a 60 years old person. the police arrested under POCSO Act the accused and produced the victim before CWC. The CWC has issued further directions for care and protection of the victim girl simultaneously issued proceeding to the accused to pay a compensation of  Rs.5.00 Laks to the victim girl....
for detail information pl see the following .....
Mr. xxxxxxx,
xxxxxxxxx Mandal,
Prakasam District.

 PROCEEDINGS RC No. CWC/PRK/2602/2014 Dated 26th Feb 2014

The Child Welfare Committee as per Section 29(5) of the Juvenile Justice (Care & Protection of Children) Act, 2000, amend 2006 is a statutory authority constituted by the Govt. of AP and functioning as a Bench of Magistrates with powers of Judicial Magistrates of the First class.  The Child Welfare Committee (hereinafter CWC) under the Act is the final authority to dispose of cases concerning children (not completed 18 years of age) in need of care and protection in terms of their development, care, treatment and rehabilitation. The CWC is also empowered to inquire into offences committed against children.

Whereas the Child Welfare Committee of Prakasam district is hereby examined the case of minor girl named as xxxxxxx, aged 17 years D/o xxxxxxxxxx (late) of xxxxxxxx village of xxxxxxxx mandal of Prakasam district who has been worked as a domestic labor in your home. It is came to know as per the statement of said victim girl xxxxxxx and her nearest relative (maternal uncle) Mr. xxxxxx that, you have committed sexual abuse and exploitation and raped the girl and caused for her pregnancy.

A criminal case has also been booked against you under Sec 312 IPC and Sec 4 of POCSO Act, 2012 with FIR No 207/2013 on 4/11/2013 in Maddipadu Police Station the case was brought to the presence of CWC and the victimized girl has also been produced before it.

As per Sec 11 of Juvenile Justice Act, 2000, amend 2006 any person in whose charge a juvenile is placed and is affected physically or sexually or in any other manner which harms the childhood of such child shall be responsible for his/her maintenance. But, you have utterly failed in providing proper care & protection to the said girl child.

 the CWC is hereby instructed through exercising the powers conferred under Sec 31 of JJ Act 2000, amend 2006 to pay a compensation of Rs. 5 Lakh (rupees five lakhs only) by treating the victim girl as a “child in need of care and protection” under Sec 2(d) (vi) of JJ Act, 2000 amend 2006 who is being or is likely to be grossly abused, tortured or exploited for the purpose of sexual abuse or illegal acts. The compensation shall be paid within a period of 1 month in the best interest of the children and in case of any of the failure of executing the instructions by CWC you are legally  liable under Sec 28 of JJ Act 2000 amend 2006 where an act or omission constitute an offence punishable under this Act and also under any other Central or State Act, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offences shall be liable to punishment only under such Act as provides for punishment which is greater in degree.
The CWC is further determined the age of said victim girl Purini Lakshmi is in between 16-17 years under Sec 49(2) of JJ Act 2000, amend 2006 that, no order of a competent authority shall be deemed to have become invalid merely by any subsequent proof that the person in respect of whom the order has been made is not a juvenile or the child, and the age recorded by the competent authority to be the age of person so brought before it, shall for the purpose of this Act, be deemed to be the true age of that person.

-          The CWC is has directed to the Project Director of dist Women & child development agency to transfer the said girl Purini Lakshmi to the Govt Girls home – Tirupathi for safe custody in the best interest of the child through the proceedings with RC No: CWC/PRK/1202/2014 on 12th Feb 2014, But no necessary steps have been taken by the said authorities till date. So the CWC is hereby again instructed to execute the above instructions and transfer the girl immediately to Tirupathi home.
 The CWC is further directed concerned Mandal Revenue Officer of Maddipadu mandalto take necessary action against the perpetrator so as to make him to pay the above cited compensation to the victim girl within the time period prescribed by the CWC.

-        The CWC is hereby instructed DCPO of DCPU to make proper follow up with all the concerned authorities and coordinate with them so as to execute these proceedings without any deviation and delay beyond the time period given through this issued proceedings.
Given under my hand with the seal of CWC dated this 26th day of Feb 2014.
Cc: To The Project Director, Dist Women & Child Development Agency, Ongole
       To the Mandal Revenue Officer, Maddipadu mandal, Prakasam District.
       To The DCPO-DCPU, ONGOLE, Prakasam District for follow-up

       To The Secretary, District Legal Services Authority, Ongole for information

Note: Names changed to maintain anonymity

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