PRAKASH KANHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) It is a case of rape of an eight year old girl child. She had been to jungle to collect mushroom in one fine morning. It was just like any other day for her. She was unaware that the appellant's vulture eyes were waiting there for preys. Finding her alone, the appellant did not spare the innocent helpless child in pursuit of the sexual pleasure least bothered about the emotional, psychological and physical harm likely to be caused on the child. An uncut diamond was smashed to pieces. Due to the perverse lust for sex of the appellant, the disastrous effect of the crime on the mind of the child is likely to remain for lifelong and the catastrophe which had befallen her will haunt her forever. The unfathomable misery and grief will last till end of her life and the ripple effect will be unceasing. The appellant not only violated the victim's privacy and personal integrity but destroyed the whole personality of the victim and degraded her very soul.

(2.) The appellant Prakash Kanhar faced trial in the Court of learned Asst. Sessions Judge, Balliguda in S.T. Case No.10 of 2007/S.T. 25 of 2007 (D.C.) for offence punishable under section 376(2) (f) of the Indian Penal Code on the accusation that on 28.08.2006 at about 8.00 a.m., he committed rape on the victim who was aged about eight years inside a jungle of village Penagaberi.

(3.) The prosecution case, as per the first information report lodged by Smt. Ratni Pradhan (P.W.3) before the officer in charge of Tikabali police station on 30.08.2006 is that the victim who was her daughter and aged about eight years had gone to Penagaberi jungle on 28.08.2006 at about 8.00 a.m. for collecting mushroom and the appellant followed the victim and took the victim inside the jungle and opened her pant and his own pant and committed rape on her on a stone. The victim cried aloud and the appellant threatened her not to disclose about the incident before anybody and thereafter he left the place. The victim returned back home but out of fear she did not disclose before anybody. When the informant found the victim was limping, she confronted her about the difficulty and then the victim disclosed about the occurrence and accordingly, the first information report was lodged.