Cuttack, Oct. 7: Orissa High Court has recommended a minor rape victim to be considered for compensation under the state government's scheme.

The victim was under 12 years old when the rape took place on September 13 at Kendulidihi in Keonjhar.

The single-judge bench of Justice S.K. Sahoo issued the direction in addition to dismissing the appeal petition of Jaga Penthei against the order of the court of adhoc additional sessions judge (fast track), Champua, which had found him guilty of raping the girl and sentenced him to 10 years imprisonment on December 26, 2008.

'In view of the enactment of the Odisha Victim Compensation Scheme, 2012, 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, I feel it necessary to recommend the case of the victim to district legal services authority, Keonjhar, to examine her case after conducting the necessary inquiry in accordance with law for grant of compensation under the scheme,' Justice Sahoo said in the order.

On the sentence aspect, Justice Sahoo said: 'In this case, the sentence, which has been imposed, is the minimum sentence and no such exceptional circumstances have been made out to reduce the sentence imposed by the learned trial court.'

Therefore, he said, the impugned judgment and order of conviction of the appellant passed by the trial court and imposition of sentence of rigorous imprisonment for 10 years and to pay a fine of Rs 3,000, in default, to undergo rigorous imprisonment for five months was hereby confirmed. 'Not finding of any physical injury on the victim after seven days of the occurrence cannot be a factor to disbelieve the evidence of victim,' Justice Sahoo ruled in his September 16 order.

On September 7, Justice Sahoo passed an identical direction to the district legal services authority, Mayurbhanj. The victim was around 12 years old at the time of occurrence on April 24, 2010, at a Mayurbhanj village.

The direction was issued while dismissing the appeal petition of Jagannath Behera against the order of the court of additional sessions judge, Rairangpur, which had found him guilty of raping a minor and sentenced him to 10 years rigorous imprisonment on December 28, 2011. Justice Sahoo had in that case observed: 'A child rape is the most terrifying ordeal and nastiest intensifying traumatic episode that take place in the victim's life which causes such a deep physical and psychological wound and despair that it requires a brave and courageous effort on the part of the victim to overcome it and fight for justice.'