Cuttack: Orissa High Court has recommended the case of another minor victim of rape, the fourth in nearly two months, be considered for compensation under the state government's scheme.
The victim was under 14 years old at the time of occurrence on June 15, 2013 at Malajharan Sahi within Parjang police limits in Dhenkanal district. The single-judge bench of Justice S.K. Sahoo issued the direction in addition to dismissing the appeal petition of Sagar Kuldi against the order of the judge (special court), Dhenkanal, which had found him guilty of raping a minor girl and sentenced him to 10 years imprisonment on September 30, 2015.
"Keeping in view the nature and gravity of the offence committed on a school-going girl and her family background, I feel it necessary to recommend the case of the victim to district legal services authority, Dhenkanal, to examine the case of the victim after conducting necessary inquiry in accordance with law for grant of compensation under the Odisha Victim Compensation Scheme, 2012," Justice Sahoo said in the order.
On the sentence aspect, Justice Sahoo observed that the prosecution had successfully established that the appellant had committed rape on the victim on June 15, 2013, and the order of conviction passed by trial court under section 376 (2)(i) of the Indian Penal Code as well as Section 6 of the POCSO Act is hereby set aside, instead the appellant is convicted under section 376(1) of the Indian Penal Code.
"Taking into account the young age of the petitioner, the substantive sentence is reduced from rigorous imprisonment for 10 years to rigorous imprisonment for seven years," Justice Sahoo ruled in his November 11 order.
While expressing concern over the "terrifying ordeal" of a minor rape victim, Justice Sahoo had observed: "A child rape is the most terrifying ordeal and nastiest intensifying traumatic episode that takes 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 part of the victim to overcome it and fight for justice."
