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2023 Supreme(Pat) 607

ASHUTOSH KUMAR, HARISH KUMAR
Kapil Sao, Son of Late Ramdas Sao – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Indradeo Prasad, Adv.
For the Respondent: Mr. Abhimanyu Sharma, APP

JUDGMENT :

ASHUTOSH KUMAR, J.

We have heard Mr. Indradeo Prasad for the appellant and Mr. Abhimanyu Sharma for the

State.

2. The appellant has been prosecuted for raping his daughter even when she had not attained the age of mensuration. He is also alleged to have raped his other daughters, but no complaint in that regard was ever filed against him.

3. Mr. Indradeo Prasad, the learned Advocate for the appellant has taken an alliterative plea that this kind of accusation is absolutely unbelievable, especially in a country like India, and he assigns a peculiar reason for such implication by the own daughter of the appellant. He submits that the appellant had complained the police sometimes in the past that his daughter had been introduced to the vocation of prostitution. Instead of visiting such accusation by investigating the matter, the daughter of the appellant was made to file a case against him.

4. In fact, this explanation itself is unacceptable to us.

5. Be that as it may, we propose to examine this case on the basis of evidence adduced at the trial.

6. This appeal is directed against the judgment and order of conviction and sentence dated 09.09.2015 and 11.09.2015 respectively, passe

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