Allahabad High Court: Rape Victim Compensation Medical Report Not Mandatory

The Allahabad High Court on Friday ruled that the State cannot deny financial assistance to rape victims for failing to produce an injury report indicating penetrative sexual assault in cases under Protection of Children from Sexual Offences Act (POCSO Act). A bench of Justice Saral Srivastava and Justice Garima Prasad held that an injury report is not mandatory for receiving the financial assistance under the Uttar Pradesh Rani Lakshmi Bai Mahila Evam Bal Samman Kosh Rules, 2015. The Court therefore quashed a condition that made production of the medical examination report mandatory in cases of aggravated penetrative sexual assault."Where a medical or injury report is available, it may be placed before and considered by the authority; its absence, however, cannot operate as an absolute bar to monetary relief. The impugned documentary condition is, accordingly, declared unconstitutional and is struck down," the Court ruledThe rules provide for financial assistance to women and children who are victims of heinous and violent crimes, particularly sexual offences. However, one of the conditions require the victims of penetrative sexual assault to produce a copy of the FIR, the charge-sheet and an injury report indicating penetrative sexual assault.The Court said none of the three documents on their own constitute a judicial determination of the commission of the alleged offence, and the case is decided upon the totality of the evidence. It explained that even in a criminal

Lawyers representing victims of sexual assault, particularly under the POCSO Act in Uttar Pradesh, should note that the absence of a medical or injury report can no longer be used by the State to deny financial assistance under the Rani Lakshmi Bai Mahila Evam Bal Samman Kosh Rules. This ruling removes a significant procedural barrier, strengthening victims' rights to compensation, and practitioners should advise clients and challenge any denials based on this now-unconstitutional condition.

Source: Original reporting via Bar and Bench