Remanded

Ms B through Her Mother v. State (Govt of NCT of Delhi) & Ors.

Delhi HC12 Dec 2024W.P.(CRL)/1863/2023

Case brief

AI extract

What is this about?

Writ petition challenging denial of interim compensation to a POCSO prosecutrix. The High Court set aside the trial court order and remanded the application for fresh consideration in light of Supreme Court and Delhi High Court decisions on factors for granting interim compensation.

What did the court decide?

Impugned order denying interim compensation set aside; matter remanded to trial court for reconsideration in light of cited precedents.

Ms B through Her Mother Vs State (Govt of NCT of… — Child Sexual Offences (POCSO) | Delhi HC (2024)

¶1

$~21

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(CRL) 1863/2023

¶4

MS B THROUGH HER MOTHER .....Petitioner Through: Mr. S.D. Windlesh, Advocate.

¶5

versus

¶6

STATE (GOVT OF NCT OF DELHI) & ORS. .....Respondents Through: Mr. Amol Sinha, ASC for State with SI Anjali, P.S. Jafrabad. Mr. Kishtiz Garg, Ms. Chavi Lazarus and Ms. Sanskriti Nimbekar, Advocates.

¶7

CORAM:

¶8

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

¶9

% 12.12.2024

¶10

By way of present petition, the petitioner seeks to assail the order dated 23.05.2023 passed by Ld. ASJ-02 (POCSO), Shahdara, Delhi in Session Case No. 70/2023 whereby petitioner’s application seeking award of interim compensation to the prosecutrix has been declined.

¶11

Ld. counsel for the petitioner submits that the charge-sheet stands filed under Sections 354/354A/354D/506/376 IPC and Sections 6/8/12 of the POCSO Act.

¶12

A perusal of the impugned order would show that the same came to be denied on account of variations/improvements in the statements of prosecutrix.

¶13

Hon’ble Supreme Court as well as this Court has time and again stated about the factors to be considered while granting interim

¶14

This is a digitally signed order.

¶15

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:34:40

¶16

compensation. Accordingly, impugned order is set aside with the directions that the matter is remanded back for re-consideration in light of the decisions in Saibaj Noormohammad Shaikh v. State of Maharashtra & Anr. passed in SLP (Crl.) 13890/2024 as well as X v. State passed in CRL. A. 63/2022 .

¶17

In view of the above, petition is disposed of.

¶18

MANOJ KUMAR OHRI, J

¶19

DECEMBER 12, 2024 ga

¶20

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:34:40

Ms B through Her Mother v. State (Govt of NCT of Delhi) & Ors.

Case brief

What is this about?

What did the court decide?

Ms B through Her Mother v. State (Govt of NCT of Delhi) & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ms X Vs Union of India & Ors.

Muneeb Hussain Gattoo Vs State (Nct of Delhi)

Abrar Ahmed Vs State of NCT of Delhi and Ors.

Manish and Anr. Vs the State of NCT of Delhi and Anr.

Mohd Azhar Vs the State NCT of Delhi & Ors.

Sanjay Kumar Jain & Anr. Vs Serious Fraud Investigation Office

Md. Sahil @ Sahil Vs the State NCT of Delhi and Ors.

Mr. Neeraj Sehrawat @ Neeraj Bawania Vs State of NCT of Delhi & Anr.

Navdeep Hooda Vs Manish Sharma

Firoz Vs State NCT of Delhi

Muneeb Hussain Gattoo Vs State (Nct of Delhi)

Tapan Sasmal & Ors. Vs State (Govt. of Nct) & Ors.

Sanjay Jain Vs Louis Dreyfus Commodities India Pvt. Ltd.