JUDGMENT

FAIZAN UDDIN, J.:—The present case before us reveals a sordid story which took some times in the afternoon of 17th February, 1990, in which the alleged sexual assault followed by brutal and merciless murder by the dastardly and monstrous act of abhorrent nature is said to have been committed by the appellant herein who is none else but an agnate and paternal uncle of the deceased victim Nitma, a girl of the tender age of 7 years who fell a Prey of his lust which sends shocking waves not only to the judicial conscience but to everyone having slightest sense of human values and particularly to the blood relations and the society at large.

2. The appellant Laxman Naik was charged and tried under Section 376 and 302 of the Penal Code for committing rape and soon after murder of the victim inside the forest known as Chhotsima Jungle, situated on the way between the villages Patkadihi and Tangarjoda. Learned Sessions Judge, Mayurbhanj, Baripade, relying on the circumstantial evidence found to be established against the appellant, convicted him for an offence under Section 376 as well as under Section 302, of the Penal Code and having regard to the peculiar facts and circumstances