JUDGMENT : The petition has been filed by the petitioners under Section 482 of Cr.P.C. seeking direction on the learned Principal Magistrate, Juvenile Justice Board, Churachandpur, Churachandpur District, Manipur to expedite and conclude the trial/criminal case within a time frame in F.I.R. No.102 (12) 2015 CCP – PS under Section 377, 34 IPC and Section 4 of POCSO Act. 2. Succinctly put, the facts of the case are as follows: The petitioners are natural fathers of the minor victims viz., (1) Henry Lalsunthang, aged about 11 years; (2) Ebenezer, aged about 9 years; (3) Jack Lalkhanisiam, aged about 10 years; (4) Maurice Hrangminglien, aged about 9 years and (5) Darmingthang, aged about 9 years respectively. On 28.12.2015, at around 12.00 noon, while the victims were playing with their locality friends at the house of one Jipson Hrangte at Vengthlang Rengkai, Churachandpur, three elder boys (Juveniles in conflict of law) took the victims near the bamboo groove at the back of the said house and raped them one by one by inserting penis in their anus, thereby committed the act of sodomy. After committing sodomy, the three Juveniles in conflict of law left the place and threatened them not to disclose the said incident to their parents or else, they will be beaten up. 3. According to the petitioners, one of the minor victims, unable to bear the pain during urination and defection, disclosed the incident to his parent. Thereafter, the parents lodged a police complaint before Churachandpur Police Station on 31.12.2015 and the police had registered the case in F.I.R. No.102 (12) 2015 CCP-PS under Section 377/34 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”) against the three Juveniles in conflict of law. Subsequently, all the three Juveniles in conflict of law were arrested and they were subjected to medical examination and the victims were also examined at RIMS Hospital, Imphal. The medical report confirmed that the three Juveniles in conflict of law have committed sodomy upon the five minor victims. The three Juveniles in conflict of law were produced before the Special Judge POCSO/Sessions Judge, Churachandpur. Subsequently, the case was transferred to the Juvenile Justice Board, Churachandpur, as the accused were juveniles at the time of commission of the crime. 4. Pending case, the parents of the victims have submitted applications for awarding interim compensation. The three Juveniles in conflict of law were produced before the Special Judge POCSO/Sessions Judge, Churachandpur. Subsequently, the case was transferred to the Juvenile Justice Board, Churachandpur, as the accused were juveniles at the time of commission of the crime. 4. Pending case, the parents of the victims have submitted applications for awarding interim compensation. However, no order has been passed by the Juvenile Justice Board, Churachandpur till date. According to the petitioners, the Chairperson of Child Welfare Committee also forwarded application for paying interim compensation by a letter dated 19.08.2017 to the Special Judge POCSO/Sessions Judge, Churachandpur. 5. According to the petitioners, charge sheet has already been filed before the Juvenile Justice Board by the Investigating Officer in the month of March, 2016. Since the proceeding of the trial is too slow on account of frequent adjournments either at the instance of the State Prosecutor or the counsel for the defence, the petitioners have filed the present petition invoking the jurisdiction under Section 482 of Cr.P.C. seeking direction to the Juvenile Justice Board, Churachandpur to complete the trial within three months and also award interim compensation to the victims. 6. Heard the learned counsel for the petitioners and the learned Public Prosecutor for the State. 7. The learned counsel for the petitioners submitted that the trial of the case has been delayed before the Juvenile Justice Board without any reason. He would submit that the petitioners belong to Scheduled Tribe community hailing from a remote village in Churachandpur District. The learned counsel further submitted that minors are victims of rare and heinous crime of sodomy and they are under undue social stigma, agony and trauma and could not recover completely from the said unnatural incident till date. In such circumstances, the victims need immediate interim compensation and counselling so as to rehabilitate and to return a normal life like any other normal child. 8. Per contra, the learned Public Prosecutor submitted that there is no lag on the side of the State in prosecuting the case and the State is ready to get along with the trial of the case. He would submit that the State is obliged to follow the direction, if any, given by this Court. 9. I have considered the submissions made by the learned counsel for the petitioners and the learned Public Prosecutor and also perused the materials available on record. 10. He would submit that the State is obliged to follow the direction, if any, given by this Court. 9. I have considered the submissions made by the learned counsel for the petitioners and the learned Public Prosecutor and also perused the materials available on record. 10. The grievance of the petitioners is that the trial of the case in F.I.R. No.102 (12) 2015 on the file of the Juvenile Justice Board, Churachandpur is very slow and the case is being adjourned repeatedly on the request of either the State Prosecutor or the defence counsel. Further grievance of the petitioners is that the minor victims are in need of immediate interim compensation and counselling to rehabilitate and lead a normal life. According to the petitioners, the trial of the case is conducted in a manner which runs counter to the letter and spirit of the POCSO Act, 2012 read with the Commissions for Protection of Child Right Act, 2005. 11. Now the point falling for consideration in this petition is whether a direction be issued to the Juvenile Justice Board, Churachandpur for speedy trial of the case in F.I.R. No.102 (12) 2015 registered under Sections 377, 34 IPC and Section 4 of the POCSO Act, 2012 and whether the victims are entitled to interim compensation. 12. The present petition has been filed by the petitioners invoking the jurisdiction under Section 482 of Cr.P.C. mainly in terms of the order dated 01.05.2018 passed by the Constitution Bench of the Hon’ble Supreme Court of India in Alakh Alok Srivastava v. Union of India others, reported in (2018) 5 SCC 651 . 13. In Alakh Alok Srivastava, supra, the Hon’ble Supreme Court held as under: “23. It is submitted by Mr. Srivastava that in both the States, the cases are pending at the evidence stage beyond one year. We are absolutely conscious that Section 35(2) of the Act says “as far as possible”. Be that as it may, regard being had to the spirit of the Act, we think it is appropriate to issue the following directions. (i) The High Courts shall ensure that the cases registered under the POCSO Act are tried and disposed of by the Special Courts and the Presiding Officers of the said Courts are sensitized in the matters of child protection and psychological response. (i) The High Courts shall ensure that the cases registered under the POCSO Act are tried and disposed of by the Special Courts and the Presiding Officers of the said Courts are sensitized in the matters of child protection and psychological response. (ii) The Special Courts, as conceived, be established, if not already done, and be assigned the responsibility to deal with the cases under the POCSO Act. (iii) The instructions should be issued to the Special Courts to fast track the cases by not granting unnecessary adjournments and following the procedure laid down in the POCSO Act and thus complete the trial in a time-bound manner or within a specific time frame under the Act. (iv) The Chief Justices of the High Courts are requested to constitute a Committee of three Judges to regulate and monitor the progress of the trials under the POCSO Act. The High Courts where three Judges are not available the Chief Justices of the said courts shall constitute one Judge Committee. (v) The Director General of Police or the officer of equivalent rank of the States shall constitute a Special Task Force which shall ensure that the investigation is properly conducted and witnesses are produced on the dates fixed before the trial courts. (vi) Adequate steps shall be taken by the High Courts to provide child friendly atmosphere in the Special Courts keeping in view of the provisions of the POCSO Act so that the spirit of the Act is observed.” Thus, it is clear that the cases registered under the POCSO Act are to be tried and disposed of by the Courts concerned in a time bound manner or within a specific time frame under the Act. 14. As per Section 35 of the POCSO Act, the evidence of child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and reasons for delay, if any, shall be recorded by the Special Court. The provision of the POCSO Act further provides that the Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence. 15. The provision of the POCSO Act further provides that the Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence. 15. In the instant case, the petitioners are the biological fathers of the victims, whose wards were brutally sodomized by the accused/Juveniles in conflict of law on 28.12.2015 at around 12.00 noon in Vengthlang Rengkai Village, Churachandpur District. Admittedly, charge sheet was filed before the Juvenile Justice Board, Churachandpur way back in the month of March 2016, however, the trial proceedings is delayed for one reason or the other. The said fact has not been disputed by the learned Public Prosecutor. 16. It is apt to mention the overview of POCSO Act. POCSO Act is a special law enacted by the Government to deal with child sexual abuse cases. The POCSO Act is a comprehensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography, while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts. The said Act defines a child as any person below eighteen years of age and defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor. 17. People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the said Act. The said Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine. In keeping with the best international child protection standards, the said Act also provides for mandatory reporting of sexual offences. This casts a legal duty upon a person who has knowledge that a child has been sexually abused to report the offence; if he fails to do so, he may be punished with six months imprisonment and /or a fine. In keeping with the best international child protection standards, the said Act also provides for mandatory reporting of sexual offences. This casts a legal duty upon a person who has knowledge that a child has been sexually abused to report the offence; if he fails to do so, he may be punished with six months imprisonment and /or a fine. The said Act also casts the police in the role of child protectors during the investigative process. Thus, the police personnel receiving a report of sexual abuse of a child are given the responsibility of making urgent arrangements for the care and protection of the child, such as obtaining emergency medical treatment for the child and placing the child in a shelter home, should the need arise. The police are also required to bring the matter to the attention of the Child Welfare Committee (CWC) within 24 hours of receiving the report, so the CWC may then proceed where required to make further arrangements for the safety and security of the child. 18. The POCSO Act makes provisions for the medical examination of the child in a manner designed to cause as little distress as possible. The examination is to be carried out in the presence of the parent or other person whom the child trusts, and in the case of a female child, by a female doctor. The said Act provides for Special Courts that conduct the trial in-camera and without revealing the identity of the child, in a child-friendly manner. Hence, the child may have a parent or other trusted person present at the time of testifying and can call for assistance from an interpreter, special educator, or other professional while giving evidence; further, the child is not to be called repeatedly to testify in Court and may testify through video-link rather than in a courtroom. Above all, the said Act stipulates that a case of child sexual abuse must be disposed of within one year from the date the offence is reported. 19. The POCSO Act also provides for the Special Court to determine the amount of compensation to be paid to a child who has been sexually abused, so that this money can then be used for the child’s medical treatment and rehabilitation. 19. The POCSO Act also provides for the Special Court to determine the amount of compensation to be paid to a child who has been sexually abused, so that this money can then be used for the child’s medical treatment and rehabilitation. The said Act recognises almost every known form of sexual abuse against children as punishable offences, and makes the different agencies of the State, such as the police, judiciary and child protection machinery, collaborators in securing justice for a sexually abused child. Further, by providing for a child-friendly judicial process, the said Act encourages children who have been victims of sexual abuse to report the offence and seek redress for their suffering, as well as to obtain assistance in overcoming their trauma. 20. In time, the POCSO Act will provide a means not only to report and punish those who abuse and exploit the innocence of children, but also prove an effective deterrent in curbing the occurrence of these offences. The said Act is to be implemented with the active participation of the State Governments. Under Section 39 of the said Act, the State Government is required to frame guidelines for the use of persons including non-governmental organisations, professionals and experts or persons trained in and having knowledge of psychology, social work, physical health, mental health and child development to assist the child at the trial and pre-trial stage. The following guidelines are Model Guidelines formulated by the Central Government, based on which the State Governments can then frame more extensive and specific guidelines as per their specific needs. 21. As stated supra, Section 35 of the POCSO Act specifically states that the evidence of child ought to be completed within a period of thirty days of the Special Court taking cognizance of the offence and the Special Court ought to have completed the trial within a period of one year from the date of taking cognizance of the offence. Thus, the delay caused in the instant case before the Juvenile Justice Board is not acceptable. In fact, there was no acceptable explanation given by the State to contend that the proceedings were delayed on the part of the petitioners. 22. Thus, the delay caused in the instant case before the Juvenile Justice Board is not acceptable. In fact, there was no acceptable explanation given by the State to contend that the proceedings were delayed on the part of the petitioners. 22. Coming to the charge levelled against the accused/Juveniles in conflict of law under Section 377 IPC is concerned, the accused/Juveniles in conflict of law took the victims near the bamboo groove at the back side of the compound of Jipson Hrangte at Vengthlang Rengkai and raped them one by one by inserting penis in their anus and thereby committed the act of sodomy, which is the commission of ‘unnatural offence’. 23. The term ‘unnatural offence’, which comes under Chapter XVI of the Indian Penal Code, deals with the offences affecting human body and finds its place as the last offence of the said Chapter. The title of the offence uses the words ‘unnatural offences’. The word ‘unnatural’ means contrary to nature; abnormal; not spontaneous. The word ‘carnal’ implies something relating to the physical, especially sexual needs, and activities. When construed in this way, an unnatural offence means sexual activities contrary to the nature. The Indian Penal Code, 1860 defines it as carnal intercourse against the order of nature with any man, woman or animal. Section 377 of the Indian Penal Code, 1860 makes it an offence by declaring that whoever has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. The Section further makes it clear that penetration would sufficient to constitute the carnal intercourse necessary to the offence described in the section. 24. Unnatural offence indicates sexual perversion which takes shape in manifold forms going by different names such as sodomy, buggery, bestiality, tribadism, sadism, masochism. The term unnatural offence implies sexual perversity. 25. In K.J. Ayer’s Manual of Law Terms and Phrases (as Judicially Expounded), the meaning of the word ‘sodomy’ is stated to be a carnal knowledge committed against the order of Nature by a man with a man or in the same unnatural manner with a woman, or by a woman in any manner with a beast. This is called buggery. 26. This is called buggery. 26. The Shorter Oxford English Dictionary gives the meaning of the term ‘Sodomy’ thus: “An unnatural form of sexual intercourse. esp. that of one male with another.” Webster’s Third New International Dictionary gives the meaning of the term ‘Sodomy’ thus: “Carnal copulation with a member of the same sex or with an animal: non coital carnal copulation with a member the opposite sex the penetration of the male organ into the mouth or anus of another” Thus, it enlarges the meaning of the term ‘sodomy’ to include non-coital carnal copulation with a person of the other sex also. 27. As stated supra, this is a case of unnatural sexual assault committed by the three accused/Juveniles in conflict of law by taking the victims near the bamboo grove at the back side of the compound of Jipson Hrangte at Vengthlang Rengkai and raping them one by one by inserting pens in their anus, thereby committing the act of sodomy. The tangible material produced before this Court would prima facie establish the commission of crime. 28. Time and again, the Hon’ble Supreme Court held that speedy trial and time bound disposal of criminal case is not only the right of the accused, but also the right of the victim under Article 21 of the Constitution of India. 29. In the instant case, charge sheet has already been filed by the Investigating Officer before the Juvenile Justice Board on 23.03.2016 being No.1 of 2016. However, further proceedings were delayed for one reason or the other. The charges levelled against the accused/Juvenile in conflict of law are under Section 377, 34 IPC and Section 4 of POCSO Act. Taking into consideration the long pendency of the trial proceedings, it would be appropriate to issue a direction to the Juvenile Justice Board, Churachandpur to expedite the trial of the case in F.I.R. No.102 (12) 2015 in a time bound manner. 30. Coming to the prayer for granting of interim compensation to the victims, the learned counsel for the petitioners submitted that due to undue pendency of the trial, the minor victims are suffering from mental trauma, agony and social ostracization and withdrawn from the society. Hence, they are in need of immediate financial assistance. 30. Coming to the prayer for granting of interim compensation to the victims, the learned counsel for the petitioners submitted that due to undue pendency of the trial, the minor victims are suffering from mental trauma, agony and social ostracization and withdrawn from the society. Hence, they are in need of immediate financial assistance. In support of his submission, the learned counsel for the petitioners relied upon the following decisions: (i) Gang-rape Ordered by Village Kangaroo Court in W.B., In Re, reported in (2014) 4 SCC 786 . (ii) Suresh and another v. State of Haryana, reported in (2015) 2 SCC 227 . (iii) Nipun Saxena & Anr. v. Union of India & Ors. unreported Judgment in writ petition (c) No. 565 of 2012 dated 05.09.2018 passed by the Hon’ble Supreme Court. 31. The learned counsel for the petitioners also brought to the notice of this Court the Scheme viz., Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes - 2018, formulated by the National Legal Services Authority, New Delhi. 32. In Gang-rape Ordered by Village Kangaroo Court in W.B., In Re, supra, the Hon’ble Supreme Court, extensively dealt with victim compensation and held as under: “22. This Court in P. Rathinam v. State of Gujarat, 1994 SCC (Crl) 1163, which pertained to rape of a tribal woman in police custody awarded an interim compensation of Rs.50,000/- to be paid by the State Government. Likewise, this Court, in Railway Board v. Chandrima Das, (2000) 2 SCC 465 , upheld the High Court’s direction to pay Rs.10 lakhs as compensation to the victim, who was a Bangladeshi national. Further, this Court in Satya Pal Anand v. State of M.P., (2014) 4 SCC 800 , vide order dated 05.08.2013, enhanced the interim relief granted by the State Government from Rs.2 lakhs to 10 lakhs each to two girl victims. 26. The report of the Chief Secretary indicates the steps taken by the State Government including the compensation awarded. Nevertheless, considering the facts and circumstances of this case, we are of the view that the victim should be given a compensation of at least Rs.5 lakhs for rehabilitation by the State. We, accordingly, direct Respondent 1 (the State of West Bengal through the Chief Secretary) to make a payment of Rs.5 lakhs, in addition to the already sanctioned amount of Rs.50,000/-, within one month from today. We, accordingly, direct Respondent 1 (the State of West Bengal through the Chief Secretary) to make a payment of Rs.5 lakhs, in addition to the already sanctioned amount of Rs.50,000/-, within one month from today. Besides, we also have some reservation regarding the benefits being given in the name of the mother of the victim, when the victim herself is a major (i.e. aged about 20 years). Thus, in our considered view, it would be appropriate and beneficial to the victim if the compensation and other benefits are directly given to her and accordingly we order so.” 33. In Suresh, supra, the Hon’ble Supreme Court held as under: “16. We are of the view that it is the duty of the courts, on taking cognizance of a criminal offence, to ascertain whether there is tangible material to show commission of crime, whether the victim is identifiable and whether the victim of crime needs immediate financial relief. On being satisfied on an application or on its own motion, the court ought to direct grant of interim compensation, subject to final compensation being determined later. Such duty continues at every stage of a criminal case where compensation ought to be given and has not been given, irrespective of the application by the victim. At the stage of final hearing it is obligatory on the part of the court to advert to the provision and record a finding whether a case for grant of compensation has been made out and, if so, who is entitled to compensation and how much. Award of such compensation can be interim. Gravity of offence and need of victim are some of the guiding factors to be kept in mind, apart from such other factors as may be found relevant in the facts and circumstances of an individual case. 20. Accordingly, while dismissing the appeal, we direct that the widow of Devender Chopra, who is the mother of the deceased Abhishek Chopra representing the family of the victim to be paid interim compensation of rupees ten lakhs. It will be payable by the Haryana State Legal Services Authority within one month from the receipt of a copy of this order. Accordingly, while dismissing the appeal, we direct that the widow of Devender Chopra, who is the mother of the deceased Abhishek Chopra representing the family of the victim to be paid interim compensation of rupees ten lakhs. It will be payable by the Haryana State Legal Services Authority within one month from the receipt of a copy of this order. If the funds are not available for the purpose with the said Authority, the State of Haryana will make such funds available within one month from the date of the receipt of a copy of this judgment and the Legal Services Authority will disburse the compensation within one month thereafter. The appeal stands disposed of accordingly.” 34. As per the directions of the Hon’ble Supreme Court in W.P. (C) No.565 of 2012, titled Nipun Saxena v. Union of India, the NALSA constituted a Committee and prepared Model Scheme and after due deliberation, the Committee finalized the Compensation Scheme for women Victims/ Survivors of Sexual Assault/other Crimes and submitted the same before the Hon’ble Supreme Court and the same was accepted and directed all the State Governments/Union Territory Administrations to implement the same in their respective States/Union Territories. 35. In this regard, it is pertinent to note that the Hon’ble Supreme Court time and again held that the National Legal Services Authority’s (NALSA) Scheme for compensating the victims of sexual assault and acid attacks should be used as a guiding model by the Special Courts in awarding compensation to minor victims of sexual abuse till the Centre finalises the rules. 36. As stated supra, the Hon’ble Supreme Court accepted the NALSA’s “Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes-2018” and held that the guidelines would be operational across the country. As per NALSA’s Scheme, a victim of gang rape in any part of the country would get a minimum compensation of Rs.5 lakhs and up to a maximum of Rs.10 lakhs. Similarly, in case of rape and unnatural sexual assault, the victim would get a minimum of Rs.4 lakhs and maximum of Rs. 7 lakhs, while the upper limit would be Rs.8 lakhs. 37. It appears that the petitioners have submitted application dated 12.05.2017 seeking compensation to the Child Welfare Committee, Churachandpur District. Similarly, in case of rape and unnatural sexual assault, the victim would get a minimum of Rs.4 lakhs and maximum of Rs. 7 lakhs, while the upper limit would be Rs.8 lakhs. 37. It appears that the petitioners have submitted application dated 12.05.2017 seeking compensation to the Child Welfare Committee, Churachandpur District. The Chairperson of the Child Welfare Committee forwarded the same to the Sessions Judge, Churachandpur on 19.08.2017 requesting the learned Sessions Judge to do the needful at the earliest. Despite receipt of the said letter, the learned Sessions Judge has not passed any order in the said application. It is also seen that on 19.12.2017, the petitioners herein have submitted common application to the Juvenile Justice Board, Churachandpur District praying to award compensation to help the traumatised victims. However, no order has been passed by the Juvenile Justice Board so far. Therefore, in my considered view, further application to the Legal Services Authority seeking compensation is unwarranted. 38. Taking note of the gravity of the offence, severity of mental and/or physical harm or injury suffered by the victims and also facing the social stigma, agony and trauma and the victims could not recover completely form the said unnatural incident till date, this Court is of the view that it would be appropriate to direct the State to pay interim compensation of Rs.7.00 lakhs each to the victims. Thus, the State of Manipur is liable to pay interim compensation of Rs.7.00 lakhs each to the victims. 39. For the foregoing discussions, this Court is of the view that the petitioners have established their case that the trial in F.I.R. No.102 (12) 2015 on the file of CCP – PS is delayed without any reason and that they are entitled to get interim compensation of Rs.7.00 lakhs each. 40. In the result, (a) The Criminal Petition is allowed. (b) The Juvenile Justice Board, Churachandpur is directed to complete the trial in F.I.R. No.102 (12) 2015 on the file of CCP – PS, within a period of three months from the date of receipt of a copy of this order on day-to-day basis without giving any adjournment to both parties. (c) The Juvenile Justice Board, Churachandpur is directed to submit a report with regard to disposal of the case in F.I.R. No.102 (12) 2015 within a period of ten days from the date of delivery of the judgment. (c) The Juvenile Justice Board, Churachandpur is directed to submit a report with regard to disposal of the case in F.I.R. No.102 (12) 2015 within a period of ten days from the date of delivery of the judgment. (d) The State of Manipur is hereby directed to pay a sum of Rs.7.00 lakhs (Rupees Seven Lakhs) each to the victims as interim compensation as per the NASLSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes – 2018, within a period of one month from the date of receipt of a copy of this order.