NRUSINGHA CHARAN DASH Vs. STATE OF ODISHA

JUDGEMENT

(1.) A girl child is a divine gift in the life of her parents. She is like a pearl in their hands. God alone makes life in the hiddenness of the womb of the mother. Carrying all hopes and expectations, a girl child comes to this world. She is so simple, so cute and so beautiful. Her eyes are full of sweet dreams. She is like an uncut diamond. As an uncut diamond is shaped in any particular form by a professional cutter and polished whereafter it becomes more valuable, more beautiful; similarly if the girl child gets good environment, good guidance, good education, she grooms up into a better human being. Unfortunately, every girl child does not get such opportunity for which she is not shaped properly. Due to fault in shaping and lack of awareness among parents, family members and guardians that child sexual abuse can occur at any time and in a variety of settings, including home, school or at work place and most often the offenders are relatives of the child, family friends, neighbours, close acquaintances and even the teachers, she becomes a victim of sexual abuse. Non-taking of effective steps at right time to prevent the situations happening in which such sexual abuse are committed, gives scope to the offender to commit the crime easily and thereby leading the victim to suffer a long-term depression, post-traumatic stress disorder, pain and anxiety. Simplicity is good to certain extent but it should not lead to stupidity in trusting a wrong person who can cause irreparable harm to the victim.

(2.) The prosecution case as per the first information report lodged by one Sukanti Sahoo (P.W.5), the mother of the victim on 28.01.2008 before the Inspector in-charge of Khurda Mahila police station is that she was staying with her family in a rented house in Bhoi Sahi of Punama gate, Bhubaneswar and on 27.01.2008 she had been to attend her works and at that time the petitioner took the victim to a school situated at Palasapalli on the pretext of participating in a feast and there he committed rape on the victim and also threatened the victim with dire consequence not to disclose about the occurrence before anybody.

(3.) After filing of charge sheet, the case was committed to the Court of Session for trial observing due committal procedure where the learned trial Court charged the appellant on 01.03.2008 under sections 376(2)(f)/506(II) of the Indian Penal Code 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.