New Delhi: The Supreme Court on Thursday reserved verdict on a petition raising an important question of law as to whether the Protection of Children from Sexual Offences (POCSO) Act, 2012, will apply where the mental age of an adult victim of rape or any sexual offence makes her a child, due to her disability.
A bench of Justices Dipak Misra and Rohinton Nariman reserved verdict on the petition filed by Dr Manjula Kripendorf, mother of a rape victim suffering from cerebral palsy since birth on account of which her mental age is six years although her biological age is 38.
The bench after hearing counsel Ishwarya Bhati indicated that as the accused had died, the trial would abate as far as he is concerned. But the question of compensation has to be decided after determining whether she should be tried under the POCSO Act.
The petitioner submitted that the developmental level of her daughter was declining as she had no adequate care following the crime. Therefore, the prosecutrix should be treated as a child. In view of her present functional age of six years, following the heinous crime, the matter should be transferred to the special court established under the POCSO Act for compensation, the petitioner said.
