The Delhi High Court has issued urgent directions for the psychological rehabilitation and financial compensation of a POCSO victim, who was repeatedly raped by her biological elder brother when she was a minor. The bench, presided over by Justice Sanjeev Narula, has tasked the Delhi State Legal Services Authority (DSLSA) with arranging dedicated counselling services for the victim, her sister, and her parents, to be provided by a qualified clinical psychologist or psychiatric social worker experienced in treating cases of child sexual abuse. The court emphasized the necessity of addressing not only the trauma inflicted on the victim but also the broader impact on her family unit.
In an effort to ensure holistic care, the appointed counselor must assist the family in navigating educational or vocational continuity, and advise on any further medical or legal assistance required. The court's concern extended to the safe disbursement of the compensation awarded by the trial court. Justice Narula directed that, if not already completed, the DSLSA must aid in opening and verifying a protected bank account in the name of the victim, and ensure that the ₹13,50,000 awarded as compensation is fully disbursed within eight weeks of the High Court’s order.
The court recognized that while the victim is no longer a child in years, she remains emotionally fragile. Her visible distress—marked by a low voice and anxious demeanor—served as a poignant reminder that interpersonal abuse within families often goes unspoken, prioritizes adult reputations over child safety, and inflicts lasting psychological damage. The bench warned that broken family structures cannot be mended by legal verdicts alone and reaffirmed that a court’s duty extends beyond punishment to include ensuring the child's dignity and rehabilitation.
Addressing the substantive merits of the case, the High Court dismissed the convicted brother’s plea seeking relief from his sentence. He had argued that his conviction was based solely on DNA evidence, without corroborative oral evidence. In rejecting this claim, the court noted that intra-familial sexual assault often involves coercive dynamics that compel families to recant or conceal facts. The coordinated change of stance by family members in this instance raised concerns of shielding the accused, but the presence of scientific evidence—specifically the DNA analysis confirming biological parentage of the aborted fetus—strengthened the prosecution’s case. The combination of forensic and testimonial evidence left little doubt regarding the occurrence of the assault.
Justice Narula also directed the jail superintendent to ensure that the convict receives appropriate counseling and correctional rehabilitation during his incarceration.
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