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S.K.SAHOO
Nankun Naik – Appellant
Versus
State of Orissa – Respondent


Advocates:
Counsel for the Parties:
For the Appellant: Mr. Arunendra Mohanty (Amicus curiae)
For the Respondent:Mr. Arupananda Das, Addl. Govt. Advocate

JUDGMENT

S.K. Sahoo, J.—Child is a symbol of simplicity. Childhood is a period of innocence and purity. Acquiring the trust of a child is very easy. Betraying her trust and abusing her sexually taking advantage of her simplicity is not only shameful, iniquitous but also inhuman. The physical and emotional pains of sexual abuse create a deep and unending agony on her. She cries many a time in solitude remembering the horrifying experiences. Sometimes she gets a very little support from her family and relatives. Preventive education of sexual abuse at the young age, family support and security to the child can reduce such excruciating happenings in future.

2. The appellant Nankun Naik faced trial in the Court of learned Sessions Judge –cum- Special Judge, Sundargarh in Sessions Trial No. 4 of 2007 for offences punishable under Section 376 of the Indian Penal Code and Section 3(1)(x)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter ‘1989 Act’).

The learned Trial Court vide impugned judgment and order dated 02.03.2009 while acquitting the appellant of the charge under Section 3(1)(x)(xi) of 1989 Act has been pleased to convict him und

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