Jahanvi Agarwal
On the occasion of Raksha Bandhan, the Orissa High Court affirmed the conviction of a brother for repeatedly raping his 14-year-old sister, leading to her pregnancy.
The case was adjudicated by a single Bench of Justice Sangam Kumar Sahoo who opined that:
“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 High Court rejected the argument that there was an excessive delay in filing the FIR. It was also argued that “since the victim was working as a maid in her village, it is not impossible that someone else impregnated her” which was also rejected.
The elder sibling was accused of having a sexual relationship with the victim for more than a year while threatening her to keep it a secret from others. However, the girl reached out to a friend after she stopped menstruating, and the friend drove her to an Anganwadi clinic, where a pregnancy test revealed that she was pregnant.
The CDPO, Malkangiri, then sent the girl to Swadhar Home, Malkangiri, after rescuing her from home. After that, she complained to the Model Police Department.
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.
However, the brother appealed his conviction to the High Court, which on August 16 directed the State Counsel to provide information on the girl and her child’s present situation as well as the appellant’s marital status.
On 30th August 2023, the Additional Standing Counsel informed the HC that the victim had married someone else, and the child born as a result of the sexual assault was sent to a Koraput agency for supervision.
The Court upheld the conviction and the sentence of 20 years of rigorous imprisonment imposed on him under Section 6 of the POCSO Act and 2 years of rigorous imprisonment imposed upon him under Section 506 of the IPC after reviewing the testimony of the victim, her friend, and other pertinent witnesses as well as her medical report.