
Cuttack: Orissa High Court has recommended a 12-year-old rape case involving a minor to be considered for compensation under the state government's relevant scheme.
The girl was eight years old when the rape took place on August 28, 2006, at Penagaberu in Tikabali police station limits of Kandhamal district.
The single-judge bench of Justice S.K. Sahoo issued the direction in addition to dismissing the appeal petition of Prakash Kanhar against the order of the court of assistant sessions judge, Baliguda, which had found him guilty of rape and sentenced him to 10 years rigorous imprisonment on January 30, 2010.
"In view of the enactment of the Odisha Victim Compensation Scheme, 2017, keeping in view the age of the victim at the time of occurrence and the nature and gravity of the offence committed and the family background of the victim, I feel it necessary to recommend the case of the victim to District Legal Services Authority, Kandhamal, to examine the case of the victim after conducting the necessary inquiry in accordance with law for grant of compensation," Justice Sahoo said in his April 12 order, full text of which was made available on Saturday.
"Let a copy of the order be sent to the District Legal Services Authority, Kandhamal, for compliance," the court said.
"I am of the view that not only the prosecution has established that the victim was below 12 years of age at the time of occurrence but has also proved that the appellant has committed rape on the victim on July 28, 2006. There is no infirmity or illegality in the impugned judgment and the sentence imposed by the learned trial court is also the minimum sentence which is prescribed for such offence," Justice Sahoo ruled.