MANVIR Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed by the appellant under Sec. 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 3/11/2014 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 house of Mubarakpur, accused raped her and threatened to kill her if she dared to report the incident to anyone. Consequently, she did not inform her mother about said incident of rape. When she returned to home of her nani, she informed her cousin about the incident and it was in the above backdrop that she, her maternal grandmother and cousin came to police station for initiation of legal action against the accused.