Fast Track Court in Odisha Sentences Man to 20 Years for Kidnapping and Raping

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On 1st March, 2024: A fast track court in Odisha’s Kandhamal district has sentenced a 26-year-old man, Saroj Sandha, to 20 years of rigorous imprisonment for the crimes of kidnapping and raping a minor girl seven years ago. The court also imposed a fine of Rs 20,000 on the convict. Sandha abducted the girl on June 23, 2017, under false promises of marriage and subjected her to two weeks of assault. Following the victim’s father’s complaint, law enforcement rescued the girl and arrested Sandha, a small businessman.

Phulbani (Odisha), March 1, 2024: On Friday, a fast-track court situated in Odisha’s Kandhamal district delivered a verdict, sentencing a 26-year-old individual to 20 years of rigorous imprisonment for the heinous crimes of kidnapping and raping a minor girl seven years ago.

Presiding over the case, Judge Mihir Ranjan Parida of the fast-track court also levied a fine of Rs 20,000 against the convict, identified as Saroj Sandha.

Background

The incident unfolded on June 23, 2017, when the man abducted the girl from her residence while she was alone, deceitfully luring her with false promises of marriage. Subsequently, Sandha transported her to a village under the jurisdiction of the Phiringia police station, where he subjected her of sexual assault.

Following a heartfelt plea lodged by the victim’s father, law enforcement authorities intervened, rescuing the victim and apprehending the accused, who operated as a small-scale businessman.

The investigative process involved the examination of 11 individuals linked to the case, emphasized the thoroughness of the legal proceedings.

Punishment for Rape

(1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which 1 [shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine].
(2) Whoever,—
(a) being a police officer, commits rape—
(i) within the limits of the police station to which such police officer is appointed; or
(ii) in the premises of any station house; or
(iii) on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or
(b) being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or
(c) being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or
(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or
(e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or
(g) commits rape during communal or sectarian violence; or
(h) commits rape on a woman knowing her to be pregnant; or
2 * * * * *
(j) commits rape, on a woman incapable of giving consent; or
(k) being in a position of control or dominance over a woman, commits rape on such woman; or
(l) commits rape on a woman suffering from mental or physical disability; or
(m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or
(n) commits rape repeatedly on the same woman,
shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.

In a move aimed at providing solace to the aggrieved family, the court, in its ruling issued on Thursday, directed the District Legal Service Authority of Kandhamal to extend adequate compensation to the victim’s parents, acknowledging the gravity of the ordeal they have endured.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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