‘Crying Demand Of A Ravaged Soul For Protection & Justice’: Orissa High Court Upholds Man's Conviction For Rape Of 7-Yr-Old

The Orissa High Court has recently upheld the conviction of a man for committing rape upon a seven year old child. While terming the crime to be ‘heinous’, the Single Judge Bench of Justice Sangam Kumar Sahoo said,

“In the case in hand, the victim did not try to cover-up the incident at any point of time; rather she immediately reported the same to her parents. Such conduct on the part of the victim manifests the crying demand of a ravaged soul for protection and justice, which is not only relevant but also incriminating against the appellant.”

The victim was aged about seven years at the time of occurrence. On 09.01.2019, while she was playing in the house of the appellant, he took her to a jungle and committed rape on her. She sustained bleeding injury and after she regained her sense, she returned to her house crying and narrated the incident before her family members. Her parents noticed blood oozing out of her vagina.

Subsequently, an FIR was registered and investigation was conducted. Upon completion of the investigation, the investigating officer filed charge-sheet under Sections 376AB/323 of the IPC and Section 6 of the POCSO Act against the appellant.

After examining the oral and documentary evidence available on record, the trial Court found the appellant guilty for the commission of offences under Section 376AB of the IPC and Section 6 of the POCSO Act. Being aggrieved by such order, the appellant filed an appeal before the High Court.

Court’s Observations

The Court, at the outset, held that the date of birth of the victim recorded in the Anganwadi register is admissible under Section 35 of the Evidence Act. From the same register, it was proved that the victim was about seven year old at the time of the occurrence and the same could not be disproved by the defence.

The Bench perused the medical evidence rendered by multiple doctors who examined the victim after the occurrence. The injuries found on the victim were consistent with the history of sexual assault on her. The age of injury on the date of examination was found to be within one to two days.

The Court further placed reliance on the testimony of the victim who narrated the entire incident in her deposition before the Court, which was duly corroborated by the evidence of her parents and by an independent witness.

“Law is well settled that the Court must accord due importance to the testimony of the victim, if she is found to be clear, cogent and trustworthy. Evidence of a victim of rape stands at a higher pedestal than the evidence of an injured witness as she suffers from emotional injury,” the Court held.

Accordingly, the Court was of the opinion that the uncontroverted evidence of the victim coupled with her conduct just after the incident in immediately informing her parents, which constitutes a res gestae under Section 6 of the Evidence Act, not only make her evidence credible but also become incriminatory against the appellant.

Consequently, the jail criminal appeal preferred by the appellant was dismissed and the conviction and sentence handed down by the trial Court was sustained.

Case Title: Ganesh Munda @ Balabhadra Munda @ Sunidhi v. State of Odisha

Case No: JCRLA No. 88 of 2019

Date of Judgment: August 9, 2023

Counsel for the Appellant: Ms. Sefali Das, Advocate

Counsel for the State: Mr. Priyabrata Tripathy, Addl. Standing Counsel

Citation: 2023 LiveLaw (Ori) 88

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