Delhi High Court Ensures That Justice Is Delivered to a 10-Year-Old POCSO Survivor

 

 

 

 

New Delhi: The Delhi High Court declined to stay the life imprisonment imposed on a man found guilty of sexually assaulting a 10-year-old girl; however, the Court's most recent ruling has also turned its attention to matters extending beyond the conviction itself.

 

It has ensured that the compensation granted to the child's family is actually received by her, and that she is also able to read a personal note composed by the trial judge.

 

Through its order dated September 22, 2026, the Division Bench comprising Justice Prathiba M. Singh and Justice Dinesh Bhatt instructed the District Legal Services Authority (DLSA) to print the trial judge's message and deliver it to the child or to her family. The matter is Sumit Shakya v. State of NCT of Delhi (Crl. A. No. 849/2026).

 

‘Your words have been heard’

 

For aggravated penetrative sexual assault under the POCSO Act as well as criminal intimidation, the trial court had imposed a sentence of life imprisonment lasting the remainder of the accused's natural life.

 

Following the pronouncement of the sentence, Additional Sessions Judge Rajani Ranga composed a personal message addressed to the child.

 

The message stated: “This Court cannot give you back your childhood. But Court can promise you that your words have been heard.” The judge further advised the child to attend school, form friendships, laugh, play, and dream. Upon taking note of this message, the Delhi High Court directed the DLSA to make certain that it reaches the child.

 

This direction carries weight because the message might otherwise have remained merely a component of the court record. Rather than allowing that, the High Court made certain that the child and her family actually receive ₹10.50 lakh compensation. The trial court had likewise granted ₹10.50 lakh in compensation.

 

The High Court requested a status report from the DLSA Secretary concerning the payment. It was ordered that the compensation be delivered to the child's family, and the DLSA was instructed to carry this out within a fortnight.

 

The case is scheduled to be taken up on November 4, 2026, at which point the Court is anticipated to examine the DLSA's report concerning the compensation and the conveyance of the judge's message. The appeal contesting the conviction has been scheduled for hearing on January 20, 2027.

 

Life sentence remains in force, while his appeal was still pending, the accused had petitioned the High Court for suspension of his life sentence. At this juncture, the Court refused to suspend the sentence.

 

The Bench took into account the evidence, which included forensic material, along with the circumstance that the victim was under 12 years of age. Nevertheless, the appeal challenging the conviction remains pending.

 

Consequently, the High Court has not yet rendered a final ruling on the appeal. A reminder that compensation amounts to more than a mere number. The order further draws attention to a significant dimension of POCSO cases. A child survivor may continue to endure the repercussions of the crime well beyond the conclusion of the trial. Compensation can assist with medical treatment, schooling and rehabilitation. Yet it must genuinely reach the child and the family.

 

For a child of 10 years, a court order can be hard to comprehend. A straightforward message conveying to her that she was heard, and that she ought to return to school, play, dream and live her life, can carry a profoundly different significance. The Court is unable to undo what befell the child. However, it can make certain that the child does not feel abandoned while the legal proceedings carry on.

 

In this instance, the Delhi High Court has ensured that both the money awarded by the court and the words penned for the child arrive at their intended destination.

 

(The author, a well-recognised lawyer and campaigner for female rights, has authored “Breaking the Silence: A Handbook on the PoSH Act”. She also holds a POCSO Train-the-Certificate.)

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