Read Time: 07 minutes

The Odisha High Court has upheld the conviction of a man for sexually assaulting a 13-year-old minor girl, and stressed that even after 75 years of independence, the country’s women can’t walk safely on the streets because the human race has not risen to the standards set by the "father of the nation, Mohandas Karamchand Gandhi". 

The bench of Justice S. K. Sahoo observed, "The father of nation Mohandas Karamchand Gandhi, who led Indian independence movement with great sons of soil like Jawaharlal Nehru, Sardar Vallabhbhai Patel, Bhagat Singh, Chandra Sekhar Azad, Subhas Chandra Bose and many more had once said, "India will be free when the women feel safe to walk in the streets of India at midnight".

The court added, "In spite of socio-economic development across all corners, Bapu's dream is still falling short of reality because the human race, which he loved so much, could not rise to the standards he set," the court added.

Noting that the "vulture like appellant committed the most ghastliest crime" imaginable, the court found the applicant to have been rightly convicted by the Trial Court under Section 341 (wrongful confinement) of IPC and Section 4 (punishment for penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Facts

 

As per the prosecution's case, the victim, a student of the Grade VII was returning home from school on her bicycle along with her younger 10 year old sister, when on the way, the appellant wrongfully restrained the victim near a tank of the village and dragged her to a nearby field and committed rape on her. When the younger sister of the victim shouted, the co-villagers arrived at the scene of the occurrence, however, the accused had left the place. The victim returned home crying and narrated the occurrence before the informant (her aunt).

In the FIR it was also noted that the appellant is an unsocial, rowdy person who habitually indulges in various criminal activities.

Court's observations

Considering the facts of the case, the court said, 

"The case at hand depicts the bitter experience of an innocent teen aged helpless victim girl while returning from school in broad day light on the public road, when the vulture-like appellant committed the ghastliest crime known under the sky on her in presence of her minor sister."

Court also registered that the age of the victim was only 13 when the incident took place. 

Court further added that the medical evidence also indicates about the presence of injuries on the person of the victim when she was examined on the next day of the occurrence.

Coming to the ingredients of the offence under Section 4 of the POCSO Act, the court found that it was clear from the evidence that the appellant had caused penetrative sexual assault on the victim. Therefore, the court upheld the trial court's conviction order, stating that there is no illegality in the impugned judgment and order of conviction passed by the learned trial Court. The court added that the appellant has been rightly found guilty under Section 341 of the Indian Penal Code and Section 4 of the POCSO Act.

Furthermore, considering the age of the victim and the nature and gravity of the offence committed along with the family background, the court recommended the case of the victim to the District Legal Services Authority, Balasore to examine the same after conducting necessary enquiries in accordance with law, for grant of compensation under the Odisha Victim Compensation Scheme, 2012.

Case Title: Lilu @ Ashok Kumar Das Adhikari v. State of Odisha
Edited by Shreya Agarwal