Case Note & Summary
The case involved a special leave petition filed by the petitioner against the judgment of the Bombay High Court, which upheld the conviction by the trial court. The petitioner was convicted for the repeated rape of his daughter over a period of five years after his wife left him, resulting in the birth of a child. The Supreme Court noted the detailed discussion of evidence by both the High Court and the trial court, expressing agreement with their findings. The court characterized the crime as one of the most barbaric and heinous it had encountered, stating that such behavior could not be condoned. The testimony of the daughter, who was the prosecutrix in the case, was deemed credible, leading to the dismissal of the special leave petition. The judgment was delivered on April 18, 2011, by Justices Markandey Katju and Gyan Sudha Misra.
Headnote
A) Criminal Law - Rape - Conviction - Upholding of Conviction - Not applicable - The Supreme Court upheld the conviction of the petitioner for the heinous crime of raping his daughter regularly for five years, emphasizing the gravity of the offense and the credibility of the prosecutrix's testimony. The court found no reason to disbelieve the evidence presented, affirming the lower courts' decisions. Held that such barbaric behavior cannot be condoned (Paras Not mentioned).
Issue of Consideration
Whether the conviction of the petitioner for raping his daughter was justified.
Final Decision
The Supreme Court dismissed the special leave petition, thereby upholding the conviction of the petitioner for raping his daughter.
Law Points
- Conviction
- Rape
- Evidence
- Judicial Review
