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The Meghalaya High Court while trying an accused in a rape case of a minor held mentioned how inhuman it is for a person to not even spare a tiny tor, a flower that is yet to bloom. Such a person cannot be a human being. Even an animal will feel ashamed of such an act. Joke Kharsatiwas convicted for raping a minor by the trial court that sentenced him to a rigorous imprisonment for 10 years. The min defence here was the delay in the lodging of the FIR by about seven years.
The high court upheld the findings of the trial court. The bench comprising Chief Justice Mohammad Yaqoob Mir and Justice SR Sen held that the prosecutrix was no doubt just 7 years of age while the incident happened . When she was examined by the learner trial court she was 13 years of age. Her testimony is free from exaggeration and embellishments. The quality of her testimony inspired confidence on relying her credibility. The bench held that children are mostly unaware of rape and therefore was not able to offer resistance. Humanity droops it’s head when such ghastly crimes occur. It pushes the country back to a primitive era where civilisation almost eluded the society. Such crimes cannot be spared and neither can the criminals be , held the court.
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