JAGANNATH BEHERA @ JANGURU Vs. STATE OF ORISSA

JUDGEMENT

(1.) A child rape is the most terrifying ordeal and nastiest intensifying traumatic episode that take place in the victim's life which causes such a deep physical and psychological wound and despair that it requires a brave and courageous effort on the part of the victim to overcome it and fight for justice. Sometimes the victim receives family support following disclosure and thereby having less traumatic symptoms and sometimes she is blamed by her family members and they even hesitate to proceed against the abuser for the sake of family prestige and social stigma. Without lack of psychological support from family, the victim suffers from long term anxiety, anger, depression, suicidality, self-mutilation, sexual problems, substance abuse, impairment of self-concept, interpersonal problems, obsessions and compulsions, dissociation, post-traumatic stress responses, and somatisation as well as re-victimisation.

(2.) The prosecution case, as per the first information report lodged by the victim on 03.11.2010 before the officer in charge, Rairangpur Rural police station is that she was aged about twelve years and a student of Class VII in Banakati Nodal U.P. School. The appellant used to pass indecent remarks against her and was compelling her to keep physical relationship with him. It is further stated in the F.I.R. that on 24th April 2000 at about 1.00 p.m. while the victim was returning home, the appellant caught hold of her hands and forcibly took her to Lodam Dunguri and committed rape on her. When the victim cried, the appellant threatened her to assault and asked her to keep mum and assured her to marry. The victim out of shame did not disclose about the incident before anybody. It is further stated that thereafter the appellant used to meet the victim on the way and giving false assurance of marriage, he went on keeping physical relationship with the victim against her will for about seven months as a result of which the victim became pregnant for about six months. It is further stated in the first information report that on the eve of Laxmi Puja day, the appellant gifted a mobile phone to the victim and told her to get ready to abort her pregnancy when information would be given to her. The father of the victim came to know about the same and when he confronted the victim, the victim disclosed before him regarding the entire incident. Meetings were organized on three occasions for settlement on the request of the father of the victim in which the appellant not only confessed to have raped the victim and made her pregnant but also assured to marry the victim on the next year after termination of the pregnancy of the victim. Since the matter could not be settled at the village level, the victim lodged the first information report.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned Trial Court charged the appellant under section 376 of the Indian Penal on 204.2011 and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.