IMPORTANT POINT
Evidence of rape victim must be examined as that of an injured witness.

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 under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5000/- (rupees five thousand), in default, to undergo rigorous imprisonment for six months.

3. The prosecution case as per the First Information Report lodged by one S.B. (hereafter ‘the victim’) who belonged to Scheduled Caste community is that her parents had been to her uncle’s house on the eve of Durga Puja and she along with her brother and grandmother were in the house. On 18.10.2005 one opera show was going on at Kanika on the eve of Manikeswari Puja. The appellant who is a co-villager of the victim came to her house at about 8 p.m. on 18.10.2015 and asked the victim to accompany him to visit the opera show with his younger daughter and further told her that he would bear the expenses of the ticket of the opera show. The appellant further told that his daughter and the other girls were also waiting to visit the opera show. The simpleton victim believed the appellant and accompanied him on his cycle but on the way near Khajuribania, the appellant started misbehaving with the victim and when she shouted, she was forcibly taken inside the jungle. The appellant removed her dresses forcibly and committed rape on her and threatened her not to disclose the incident in the village otherwise she would face dire consequences and thereafter the appellant left the victim near her house and with much difficulty, the victim returned home. It is the further prosecution case that on 05.11.2005 when the parents of the victim returned home, the victim narrated the entire incident before her mother and then accompanied her father to the Police Station and presented the First Information Report on 06.11.2005.

On the basis of the written report of the victim, P.W. 13 Tarakanta Khatua, who was posted as the Junior Sub- Inspector, Hemgir Police Station registered Hemgir P.S. Case No.100 of 2005 under Section 376(2)(f) of the Indian Penal Code read with Section 3 (1)(xii) of the 1989 Act in the absence of the officer in charge and took up investigation of the case.

During course of investigation, P.W.13 examined the victim and her parents, visited the spot and prepared a spot map Ext.13. He also seized broken bangles of the victim from the spot and prepared a seizure list Ext.2. He also seized one green colour chudidar, one green colour Punjabi, one green colour odahani and one chadi on the production of the victim which were seized as per seizure list Ext.3. The victim was sent to the District Headquarters Hospital, Sundargarh for her medical examination under police requisition, where she was examined by Dr. Subashini Pandey (P.W.8) on 07.11.2005 who proved her report Ext.4. P.W.12 Kartika Chandra Swain, D.S.P., Crime, Sundargarh as per