Prerna v. State of Maharashtra (POCSO Rehabilitation)
Bombay High Court2026 SCC OnLine Bom 2019Bench: J. Nitin Jamdar, J. M.M. Sathaye
The Bombay High Court held that the State's obligation to provide rehabilitation to a POCSO victim is entirely independent of the accused's appellate proceedings. The conviction has not been stayed — rehabilitation measures ordered by the Special Court are immediately enforceable. The child victim's right to rehabilitation flows from Article 21 of the Constitution, Section 33(8) POCSO, the NALSA PVCS 2018, and India's obligations under Article 39 of the UN Convention on the Rights of the Child. The pendency of an appeal by the accused does not pause these rights. The State was directed to disburse the NALSA compensation quantum within 3 weeks, and the District Social Welfare Officer was directed to begin implementation of educational and counselling support. A contempt notice was issued for the unexplained one-year delay in implementation.