F Vs. STATE OF BIHAR

JUDGEMENT

(1.) It is alleged by the prosecution that the appellant/father had committed aggravated penetrative sexual assault on his eldest daughter repeatedly since prior to 2007 till lodging of the FIR by her against her father on 30/7/2013 with Mahila Police Station-Bhojpur. Therefore, we deem it appropriate to describe the appellant by word 'F' instead of disclosing his full identity in view of the statutory provisions of Sec. 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015 as well as in view of object of Sec. 228A of the Indian Penal Code. Similarly, we shall be referring his daughters who are victim of the crime in question as D-1 and D-2 as name and identity of victim of rape and penetrative sexual assault cannot be disclosed. 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/convicted accused by this appeal is challenging the judgment and order dtd. 18/11/2014 and 20/11/2014 respectively passed by the learned 1st Additional Sessions Judge-cum-Special Judge (POCSO), Bhojpur at Ara, in POSCO Case No.4 of 2013 and thereby convicting him of the offence punishable under Sec. 376(i) of the Indian Penal Code as well as under Ss. 6 and 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). He is sentenced to suffer imprisonment for life for the offence punishable under Sec. 6 of the POCSO Act. For the offence punishable under Sec. 10 of the said Act, he is sentenced to suffer rigorous imprisonment for five years. The learned trial Court had directed that the substantive sentences shall run concurrently. For the sake of convenience, the appellant shall be referred to in his original capacity as an accused.

(3.) Facts in brief leading to the prosecution of the accused, projected from the police report, can be summarized thus: