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SURESH KUMAR KAIT, MANOJ JAIN
Manvir @ Manish – Appellant
Versus
State – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Anwesh Madhukar (DHCLSC), Ms. Prachi Nirwan and Mr. Devesh Khanagwal, Advocates
For the Respondents: Ms. Manjeet Arya, APP with Insp. Ashutosh, PS Aman Vihar

JUDGMENT

Manoj Jain, J.—The present appeal has been filed by the appellant under Section 374(2) Cr.P.C. challenging his conviction and consequent order on sentence.

2. The appellant/accused happens to be step-father of ‘S’ (name withheld) and has been convicted and sentenced for sexually assaulting and raping her.

3. Investigation took off on 03.11.2014 when ‘S’ came to police station Aman Vihar along with her maternal grandmother (nani) and her cousin. ‘S’ revealed that they were three sisters, she being the eldest one. Their biological father left them about 7 years ago and later on, her mother solemnized second marriage with the accused. Her step-father and mother started living in Mubarakpur whereas she continued to live with her maternal grandmother at Sultanpur. She claimed that three months back, when she had visited her native village with her mother and accused, the accused did ‘chhed-chhad” with her. She informed her mother who disregarded the same, citing the possibility that the accused might have done the same under influence of liquor. They returned from the village and later she came to Mubarakpur as her mother was not keeping well. One night, when she was at the hou

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