The Allahabad High Court (Lucknow Bench) has directed the Uttar Pradesh government to release ₹3 lakh compensation to a minor survivor of sexual assault under the POCSO Act, holding that the absence of physical injury cannot be used to deny financial relief under a victim compensation scheme .
Background of the Case
The petition was filed by the victim’s mother, acting as next friend, after authorities failed to release compensation under the Uttar Pradesh Rani Lakshmi Bai Mahila Samman Kosh Rules, 2015. The minor was allegedly sexually assaulted on March 7, 2025. An FIR was registered, and a charge sheet under Section 4 of the Protection of Children from Sexual Offences (POCSO) Act was filed on June 25, 2025.
Under the scheme, victims of penetrative sexual assault are entitled to ₹3 lakh, with ₹1 lakh payable within 15 days of the FIR and the remaining ₹2 lakh within one month of filing the charge sheet. Despite this, no amount was paid.
The district steering committee in Gonda kept the claim pending, citing the medical report which noted no clear evidence of penetrative injury. The State argued that injury was a prerequisite for compensation under the scheme.
Court Observations
A division bench of Justice Shekhar B. Saraf and Justice Manjive Shukla firmly rejected this reasoning. The bench examined Sections 3 and 4 of the POCSO Act and observed that penetrative sexual assault is defined by the act itself, not by the presence of physical injury.
“The absence of injury cannot negate the occurrence of penetrative sexual assault,” the bench observed, noting that medical findings alone cannot override the FIR and charge sheet.
The court relied on recent Supreme Court rulings which clarified that sexual assault does not always leave physical marks and that victims respond to trauma in different ways.
Decision
Calling the compensation scheme a beneficial law meant to reduce the trauma of victims, the High Court held that the steering committee had exceeded its authority by reassessing evidence like a trial court.
“The committee cannot sit in judgment over the charge sheet and deny compensation on that basis,” the court said.
The High Court directed the State to pay the full ₹3 lakh compensation to the victim within 10 days and disposed of the writ petition accordingly .
Case Title:- Victim X in FIR No. 048 of 2025 v. State of Uttar Pradesh & Others
Case Number:- Writ – C No. 12085 of 2025
Date of Judgment:- January 14, 2026
Counsel for Petitioner: Anjum Ara
Counsel for State: Chief Standing Counsel (CSC)
