BALESH KUMAR KURAITI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. Leave Granted.

(2.) Ivan Karamazov, in Dostoevsky's The Brothers Karamazov, rejects harmony at the cost of a child's tears. Indeed, a child which is tormented reaches out to the kind God for answers, for it does not understand the agony or the harrowing experience it had and simply wants to understand why. Those innocent painful tears have to be atoned for. We cannot restore the childhood or the beautiful dreams that the child carried but we can soothe the child with the powers bestowed on us, to show the child that there is someone to dry its tears.

(3.) Before us stands Balesh Kumar Kuraiti, the Appellant who is accused of committing aggravated penetrative sexual assault on a victim minor girl aged 3. The case of the prosecution begins with the lodging of the First Information Report No. 35/2016 before the Police Station of Ambagarh Chowki in Rajnandgaon District by the father of the victim, Dinesh Tope (PW-2). He accounts that in the evening of 17/2/2016, at about 7.00 pm, he was at the house of Bansilal Sori (PW-5) when he heard the sound of a child crying or two cats fighting. At that time, Tejram (PW-4), victim's father's uncle, came and told Dinesh Tope (PW-2) that when he had gone to urinate in Ashok's Badi, he too heard the same sound and when he threw a stone at the direction of the sound, it stopped. But while returning back, Tejram (PW-4) heard the sound of a girl crying.