On Raksha Bandhan, HC In Odisha Upholds 20-Yr Jail Term Of Brother For Repeatedly Raping Minor Sister

Cuttack: On the occasion of Raksha Bandhan, the Orissa High Court on Wednesday upheld the conviction of a brother for repeatedly raping his 14-year-old sister, resulting in her pregnancy.

Pronouncing the verdict in open court, Single Bench of Justice Sangam Kumar Sahoo termed the incident reported from Malkangiri as unfortunate. “A brother is a protector, a confidant and a life-long friend. Brothers and sisters share a unique bond that nothing can replace. Sister is a treasure beyond measure. A brother is a hero in disguise, a protector and a role model.”

The HC also discarded the argument that there was an inordinate delay in lodging of the FIR. It also rejected contention that ‘since the victim was working as a maid in her village, it is not impossible that someone else impregnated her’.

The elder sibling was charged with keeping a sexual relation with the victim for over one year and threatening her not to disclose the same before anyone. The girl, however, approached a friend when she stopped menstruating and the latter took her to an Anganwadi centre, where the pregnancy test was found to be positive. The girl was then rescued from her house by CDPO, Malkangiri, and sent to Swadhar Home, Malkangiri. Following which, she lodged a complaint at the Model police station.

The trial court found him guilty under Sections 376(3), 376(2)(n) and 506 of the IPC and Section 6 of the POCSO Act.

The brother, however, challenged his conviction in the High Court, which on August 16, asked the State Counsel to apprise it about the current status of the victim and her female child and also the marital status of the appellant.

The Additional Standing Counsel informed the HC on Wednesday that the victim had married somewhere else and the child born out of the sexual assault was placed under the supervision of an agency in Koraput.

After going through the evidence of the victim, her friend and other relevant witnesses as well as her medical report, the court upheld the conviction and the sentence of 20 years rigorous imprisonment handed down on him under Section 6 of the POCSO Act and 2 year rigorous imprisonment under Section 506, IPC.

(With inputs from Live Law)