Supreme Court of India

BHANU VALVEversusSTATE

Citation: 2011 INSC 312
Decided: 18 April 2011
Disposal: Dismissed
Bench: MARKANDEY KATJUGYAN SUDHA MISRA

Holding

The Supreme Court upheld the conviction under Section 376 IPC and dismissed the Special Leave Petition.

Summary

The petitioner, a father, was convicted of repeatedly raping his own daughter over a period of five years, resulting in the birth of a child. The trial court and the Bombay High Court at Goa upheld the conviction under Section 376 of the Indian Penal Code. The petitioner filed a Special Leave Petition before the Supreme Court, challenging the conviction and the credibility of the daughter's testimony. The Supreme Court examined the evidence, found no reason to disbelieve the daughter, and characterized the conduct as barbaric and heinous. Consequently, the Court dismissed the Special Leave Petition, thereby affirming the lower courts' judgments.

Issues considered

Whether the testimony of the daughter (prosecutrix) can be disbelieved on the ground of alleged improbability.
Whether the conviction under Section 376 IPC for incestuous rape stands on the evidence presented.

Legislation cited

Indian Penal Code, 1860s. 376

Subjects

rapeincestchild sexual abuseIPC 376evidencespecial leave petitionconvictioncriminal law

Judgment

                    [2011) 5 S.C.R. 769

                         BHANU VALVE                              A
                               v.
                          STATE
   (Special Leave Petition (Criminal) No. 3192 of 2011)
                         APRIL 18, 2011
                                                                  8
[MARKANDEY KATJU AND GYAN SUDHA MISRA, JJ.]
                     "
     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
                                                                  F
                             ORDER

    Heard learned counsel for the petitioner.

    Delay condoned.
                                                                  G
     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                                 H
    770       SUPREME COURT REPORTS                [2011) 5 S.C.R.


A       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.
B
      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.

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