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Issues: Whether the Court could direct payment of interim compensation to the complainant during the pendency of the criminal prosecution, and whether such relief was supportable as part of the Court's constitutional and inherent jurisdiction in a sexual offence matter.
Analysis: The complaint disclosed allegations of sexual exploitation, pregnancy, abortions, and abandonment, and the Court treated the matter as one raising serious concerns of personal liberty, dignity, and the right to life under the Constitution. The Court relied on the expanded meaning of Article 21 and on prior decisions recognising that rape is a grave violation of human rights and that victims require legal and procedural protection. It further held that, where the criminal court trying a rape matter can ultimately award compensation, interim compensation may also be directed as part of the overall jurisdiction to do complete justice, apart from the Court's constitutional power to mould appropriate relief.
Conclusion: The Court held that interim compensation could be awarded in the circumstances of the case and directed the accused to pay monthly compensation to the complainant during the pendency of the prosecution, with arrears from the date of the complaint.
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