A person who did not spare a “tiny tot” not knowing what ravishing means, a small flower yet to bloom, can such a person, who tarnished, ravished and brutalized a female baby of 7 years of age, be a human being? Even an animal will feel ashamed of such a person, remarked the Meghalaya High Court while dismissing an appeal by a man accused of raping a 7-year-old girl.
Joken Kharsati was convicted by the trial court for raping the minor and had sentenced him to 10 years’ rigorous imprisonment. The main plank of the defense, in this case, was the delay in lodging FIR, which was about 7 years.
Upholding the trial court finding, the bench, comprising Chief Justice Mohammad Yaqoob Mir and Justice S.R. Sen, said: “The prosecutrix no doubt was just approximately 7 years of age at the time of occurrence. When she was examined as witness before the learned Trial Court she was 13 years of age. The manner, she has deposed as quoted hereinabove, leaves no room for doubting her testimony. Her testimony is free from exaggeration and embellishment. The quality of her testimony inspires confidence for relying on her credibility. The statement of such witness cannot be ignored unless there are compelling circumstances available to refute her testimony.”
The bench further added that children are mostly ignorant about rape and are not able to offer resistance and the worst example of traumatic experience is of the (prosecutrix) she was totally unaware of the catastrophe which had befallen her.
The bench observed that sentence awarded in this case is appropriate and remarked: “Humanity feels ashamed when it is noticed that a woman folk had been scandalized. Woman, a grandmother, mother, sister and daughter what the sweetest words, full with affection, but subjected to an unforeseen situation. A person who did not spare a “tiny tot” not knowing what ravishing means, a small flower yet to bloom, can such a person, who tarnished, ravished and brutalized a female baby of 7 years of age, be a human being? Even an animal will feel ashamed of such a person. There is no scope for getting swayed by sentiments but the observations made hereinabove and concern shown is only after conclusions are drawn as to what had happened to a young girl. The accused who has committed such a dastardly act, has made the life of a young girl hell, does not deserve any concession.”