"Protector Turned Perpetrator, Acted Like 'Cunning Cat'": Orissa HC Upholds Conviction Of Primary School Cook For Raping Hostel Inmates

"This case gives a sorry state of affairs about the maintenance and security of the Ladies' Hostels where minor girls belonging to Scheduled Caste and Scheduled Tribe Community were staying. Congested room, absence of proper security measures and poor maintenance of the hostel room came into fore while going through the case records and evidence of witnesses. It also appears that the Headmistress of the School and the Hostel Superintendent were not vigilant and acted like the 'blind vulture' for which protector turned perpetrator of the crime and acted like 'cunning cat' and spoiled the lives of the victims."

Brief Facts:

The Welfare Extension Officer ('WEO') of G. Udayagiri block of Phulbani district had paid visit to the primary school in the month of February 2014, where the victims, who belong to scheduled castes and scheduled tribes, were residing to pursue their studies. Upon his visit, he received information from the Headmistress of the school that the accused, who was working as the cook-cum-attendant, was sexually harassing the hostel inmates. He advised the headmistress to report the matter and subsequently, an FIR was lodged.

The police took up the investigation and got the statements of the victims recorded in front the Magistrate under Section 164, Cr.P.C. Further, the requisite medical examinations of the victims and the accused were also done. Relevant materials were also sent for chemical examination. After that, the police filed a chargesheet against the accused. Upon examination of material evidence and after recording the testimonies from both the sides, the Sessions Judge-cum-Special Judge found the accused guilty under Sections 376(2)(i)/354/506 of the IPC and Sections 6 and 8 of the POCSO Act.

Being aggrieved by the aforesaid order, the appellant had filed this appeal before the High Court.

Contentions of the Appellant:

Mr. Akhya Kumar Beura, the amicus curiae appearing on behalf of the appellant contended that the prosecution case is doubtful as the prosecutrix have alleged the incident to have happened before the day of Saraswati Puja in the 2014; however, they have reported the same to their headmistress at a belated date. Further, he argued that eighteen girls were residing in the same hostel room and therefore, it is highly improbable that the accused lifted the victims in his arms and took them to his bedroom in the dead hours of night to commit sexual acts and no one could know that.

Again, he submitted that the doors and windows of the said hostel room were locked from inside and hence, it was quite impossible on the part of the accused to enter into the room. He also pointed out that the school admission registers were not produced to prove the age of the victims. He further argued that the investigation was conducted in a 'perfunctory' manner and at a belated stage, the prosecution turned the case under Sections 354 & 506, IPC to that of a rape. Therefore, he urged to acquit the accused.

Contentions of the Respondent:

Mr. Manoranjan Mishra, Additional Standing Counsel for the State refuted the above arguments made on behalf of the accused-appellant. He submitted, as the accused was none other than the cook-cum-attendant of the said school, it was natural on the part of the victims to be scared of reporting the matter; more so when they were threatened by the accused not to reveal the incidents or else, he will kill them.

He further argued that the of victims were stated to be within ten to twelve years at the time of the occurrence and the same was not challenged at the stage of trial. Further, the ages of the victims were corroborated to be within that range by the radiological examination carried out by the doctor.

Lastly, he submitted that though the door was stated to be locked from inside, there was an opening just above the door from which it could be opened from the outside itself. Hence, he countered the argument that entering into the room was impossible for the appellant.

Court's Observations:

After analysing the testimonies of the three victims, the Court was convinced that the accused had perpetrated the heinous crime of sexually harassing the innocent kids who were residing there to pursue their studies and were too young. Accordingly, Justice Sahoo held,

"…the evidence of the three victims is clear, cogent, trustworthy and reliable and the evidence of the doctor also lends support to the prosecution case. In view of the foregoing discussions, I am of the humble view that the prosecution has successfully established the charges under sections 376(2)(i)/354/506 of the Indian Penal Code so also sections 6 and 8 of the POCSO Act against the appellant."

Consequently, the Court held that the sentence imposed by the Trial Court on the appellant cannot be said to be on the higher side and the manner in which the crime was committed was heinous and the appellant who was the cook -cum- attendant of the school and had easy access to the victims, exploited them sexually. Therefore, he deemed it just to uphold conviction as well as the punishment imposed by the Court below by dismissing the appeal.

Further, he directed the District Legal Services Authority, Phulbani to assess the case of the victims having regard for the attending circumstances and to grant them appropriate amount of compensation for their rehabilitation.

Case Title: Kunjabihari Nayak v. State of Odisha

Case No.: JCRLA No. 51 of 2016

Judgment Dated: 14^th September 2022

Coram: S.K. Sahoo, J.

Counsel for the Appellant: Mr. Akhya Kumar Beura, Amicus Curiae

Counsel for the Respondent: Mr. Manoranjan Mishra, Additional Standing Counsel

Citation: 2022 LiveLaw (Ori) 153