The appellant Saibaj Noormohammad Shaikh was found guilty under sections 376D (rape) and 354 (assault or criminal force on a woman with intent to outrage her modesty) of the Indian Penal Code (IPC) and sentenced to 20 years’ imprisonment. imprisonment with a fine of ₹. 10,000.

As for Saibaj’s conviction under the POCSO Act, he was given a rigorous imprisonment of 10 years and a fine of ₹2,500, with an additional month’s imprisonment in case of non-compliance.

The Court found that the trial court, in sentencing Saibaj, had not made any order for the payment of compensation to the minor victim in the case.

“Such lapse on the part of the Sessions Court would only delay the payment of any compensation under Section 357A of the CrPC,” the high court said.

Therefore, it directed all trial courts to order compensation for victims in such cases while passing judgments convicting or acquitting the accused.

Furthermore, he suggested:

“There may also be an order for the payment of interim compensation which could be made by the Sessions Court depending on the facts of each case.”

The Court also directed its secretariat to circulate the order to the General Secretaries of all High Courts and asked them to forward it to all judges of the District and Sessions Courts, who are mandated to order compensation to the victims. in appropriate cases.