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A. M. BADAR
Name of the Appellant ‘S’ (Name changed) – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
A.M. BADAR, J.
1. Father is fortress, refuge and the trustee of his daughter. The prosecution case which is held to be true by the learned trial court is to the effect that act of the appellant/accused herein is a betrayal of the faith in the humanity inasmuch as the appellant, who happens to be father of the prosecutrix/PW-1 and who was under moral duty to protect her had himself committed rape on her. In view of the provisions of Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015 as well as in view of object of Section 228A of the Indian Penal Code, I deem it appropriate to describe the appellant by word ‘S’. The Registry shall upload this Judgment and Order on the website by ensuring that the cause title is reflected in the similar manner.
2. The appellant is convicted of the offence punishable under Section 376 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for 10 years vide Judgment and Order dated 21.03.2017 and 22.03.2017 passed in Sessions Case No. 557 of 2009 by the learned Additional Sessions Judge-V, Purnea. This Judgment and Order of conviction and resultant sentence is impugned in the instant appeal by the
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