JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

There can never be more shocking, depraved and heinous crime than when the father is charged of having raped his own daughter. He not only delicts the law but, it is a betrayal of trust. The father is the fortress and refuge of his daughter in whom the daughter reposes trust to protect her. Charged of raping his own daughter under his refuge and fortress is worse than the gamekeeper becoming a poacher and treasury guard becoming a robber.

2. The appellant questioned his conviction for offence punishable under Section 376 of the Indian Penal Code, 1860 (in short the ‘IPC’) as recorded by the learned Sessions Judge, Guna and sentence of imprisonment for life and fine of Rs.1,000/- with default stipulation before the Madhya Pradesh High Court.

3. The High Court affirmed the conviction and the sentence.

4. Sans unnecessary details the background facts are as follows :

The prosecutrix is the daughter of the appellant. The mother of the prosecutrix had died about 3 years back prior to the date of incident i.e. 5.2.2004. At the time of incident, the prosecutrix was residing with her father alongwith her three brothers. On 5.2.2004 the ap