Odisha's POCSO Court Sentences Man To 20 Yrs Rigorous Imprisonment For Rape Of 10-Yr-Old; Orders ₹4 Lakh Compensation To Victim

"…there is ample oral evidence on record and supported by the evidence of the I.O. who has investigated the incident that the occurrence had taken place on the evening of 25.08.2018 inside the nearby jungle. Accused has committed rape on the victim girl whose age was ten years at the relevant time. There was oozing of blood and swelling on her private part due to such rape by the accused. She had sustained much pain and was unable to walk properly which has been noticed by her mother and father on the next day…"

Factual Background:

On 26.08.2018, the informant (mother of the victim & PW 8) noticed that her daughter was unable to walk properly and having pain while passing urine. Suspecting something abnormal, the informant verified the private parts of the victim and found swelling injury on it. She inquired from her daughter about the reason of the same. The victim told the informant that on the previous evening, the accused had taken her to the nearby jungle on his bike after offering her some biscuits and Kurkure. She also informed that he inserted his penis into her vagina and committed sexual assault after removing her underwear.

Subsequently, the informant lodged an FIR against the accused alleging sexual assault on her daughter. The police, thereafter, took up the investigation and a chargesheet was filed against the accused under Section 376 AB of the IPC along with under Section 6 of the POCSO Act.

Observations & Decision of the Court:

The Court observed that the depositions of the PWs, which were consistent and corroborative, point towards the commission of the said offences by the accused on the fateful day. It further discarded the argument advanced by the defence that the medical reports do not support the prosecution case. The Special Judge placed reliance on the recent judgment by the Apex Court rendered in Nawabuddin v. State of Uttarakhand, wherein the accused had penetrated his finger in the vagina and because of that the victim therein felt pain and irritation in urination as well as pain on her body. There was also redness and swelling around the vagina.

Therein, it was held that the case would fall under Section 3(b) of the POCSO Act and as penetrative sexual assault was committed on a girl child below twelve years, the same was deemed to be 'aggravated penetrative sexual assault' under Section 5(m) and punishable under Section 6 of the Act.

The Court further relied upon the judgments delivered by the Supreme Court in Matibar Singh v. State of Uttar Pradesh and by a Division Bench of the Orissa High Court in Hiranya Kumar Behera v. State of Odisha, wherein plea of enmity has been recognised as a 'double-edged weapon'.

The Court, accordingly, rejected the contention of the defence that a false case is foisted upon the accused for previous enmity between the two families. It observed that the evidence of the victim, the evidence of other prosecution witnesses can only be scrutinised thoroughly to test the veracity of their evidence on the context of enmity pleaded by the accused. On scrutiny of the evidence of the prosecution and defence witnesses regarding false implication, it was held that such possibility is improbable.

"The Court does not find any reason why informant and her minor daughter will raise false allegation against the accused for committing rape on a minor girl whose age was about ten years. Their character and prestige are at stake. They cannot take such risk by raising such false allegation against the accused. In that context, the evidence of the victim minor girl, the evidence of her mother and the evidence of the co-villagers examined in the present case as prosecution witnesses cannot be disbelieved", the Court further added.

Consequently, the Special Judge found the accused guilty under the charges aforesaid. He was sentenced to undergo rigorous imprisonment for twenty years along with a fine of Rs. 20,000/-. The fine amount was directed to be paid to the victim girl. Also, the Court awarded a compensation amount of Rs. 4,00,000/- (Rupees four lakhs) to the girl for the "injury, pain and agony" sustained by her.

Case Title: State of Odisha v. Chila @ Tapan @ Kishore Pingua

Order of Sentence Dated: 31^st October 2022