[2011) 5 S.C.R. 769
BHANU VALVE
v.
STATE
(Special Leave Petition (Criminal) No. 3192 of 2011)
APRIL 18, 2011
[MARKANDEY KAT JU AND GYAN SUDHA MISRA, JJ.]
"
A
8
Penal Code, 1860 - s. ·376 - Accused raped his own
daughter regularly for five years after his wife left him, and
fathered a child from his daughter - Conviction by courts
C
below - On appeal, held: There is no reason to disbelieve the
evidence of the daughter as also the courts. below - The act
of the accused was most 'barbaric and heinous, and cannot
be condoned by any means - Thus, order passed by the
courts below upheld.
D
CRIMINAL APPELLATE JURISDICTION : SLP (Criminal)
No. 3192 of 2011.
From the Judgment and Order dated 27.07.2010 of the
High Court of Bombay at Goa in Criminal Appeal No. 48 of
E
2009.
Garvesh Kabra for the Petitioner.
The following order of the Court was delivered
ORDER
Heard learned counsel for the petitioner.
Delay condoned.
This petition has been filed against the impugned judgment
of the Barnaby High Court dated 27.07.2010 by which the High
Court has upheld the conviction of the petitioner by the trial
court.
769
F
G
H
770
SUPREME COURT REPORTS
[2011) 5 S.C.R.
A
The facts in detail have been set out in the impugned
B
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.
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.
C 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.
The special leave petition is dismissed accordingly.
N.J.
Special Leave Petition dismissed.
Lex