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2011 (2) Crimes 191 (SC)
SUPREME COURT OF INDIA
Markandey Katju and Gyan Sudha Misra, JJ.
Bhanu Valve — Petitioner(s)
versus
State — Respondent(s)
Special Leave Petition (Criminal) No. 3192 of 2011
(Crl MP.No(s). 7901/2011)
Decided on 18-4-2011
IMPORTANT POINT
Father rightly convicted for raping and sexually exploiting his own daughter.
Headnote:Indian Penal Code, 1860 – Section 376 – Father sexually exploiting his own daughter for five years and having a child from her – Trial court and High Court concurrently holding him guilty – No reason to disagree – No reasons to disbelieve the daughter’s testimony. (Para 5)
Facts of the case:
1. The petitioner has been found guilty of raping his own daughter regularly for five years after his wife left him, and has produced a child from her.
2. Conviction by Trial Court was upheld by High Court.
Finding of the Court:
There is no reason to hold contrary to the concurrent finding of guilt by the courts below.
Result : SLP dismissed.
ORDER
Heard learned counsel for the petitioner.
2. Delay condoned.
3. This petition has been filed against the impugned judgment of the Bomaby High Court dated 27.07.2010 by which the High Court has upheld the conviction of the petitioner by the trial court.
4. The facts in detail have been set out in the impugned judgment, and hence we are not repeating the same here. The High Court and the trial court have discussed the evidence in great detail, and we entirely agree with the view they have taken.
5. This is one of the most barbaric and heinous cases we have come across in our judicial career. The petitioner has been found guilty of raping his own daughter regularly for five years after his wife left him, and has produced a child from her. This kind of unheard behaviour cannot be condoned by any means. The daughter-PW-1 (prosecutrix) has given her evidence in this case, and we see no reason to disbelieve her.
6. The special leave petition is dismissed accordingly.
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