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“B” vs. State of Rajasthan & Ors.

54.00 5.40

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Penal Code, 1860–Secs. 376(3), 376(2)(f) & 376(2)(j) [ Corresponding Secs. 65(1), 64(2)(f) & 64(2)(j) of BNS, 2023 ]–Protection of Children from Sexual Offences Act, 2012–Sec. 5(1)/6–Conviction and sentence of remainder of the natural life–Appellant is the biological father of the victim–Victim was minor, below the age 14 years–She recorded a video of her father committing sexual assault upon her–Delay in reporting and the initial non-disclosure of the offence appear natural and fully explained–Nothing to suggest that she har-boured any personal grudge or animosity against her own father–It is inconceivable that a mior daughter would falsely implicate her own father in such a grave offence unless the crime had in fact, occurred–No material contradictions, corrections or omissions in her testimony–Appellant was under a sacred and moral duty to protect, nurture and safeguard her–Instead, he repeatedly violated her bodily integrity and dignity over a prolonged period–Held, no infirmity or perversity is found in the impugned judgment.