BHANU VALVE v STATE
- Status
- Judgment
- Jurisdiction
- India
- Posture
- Special Leave Petition (criminal) / Dismissed
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Supreme Court dismissed the special leave petition and upheld the convictions because the prosecutrix's evidence was found credible and the repeated rape of the daughter over five years, resulting in a child, constituted a barbaric and heinous offence that could not be condoned.
Court disposition
Special Leave Petition dismissed; convictions and orders of the courts below upheld.
Orders
- Delay condoned.
- Special Leave Petition dismissed.
- Conviction by the trial court and judgment of the High Court upholding the conviction are maintained.
02
Material facts
Parties
Bhanu Valve
Petitioner Counsel: Garvesh KabraState
RespondentAmounts and remedies
- Duration of Offences (years): 5
03
Procedural history
Posture
Special Leave Petition (criminal) / Dismissed
04
Questions and positions
Legal issues
- 01
Whether the conviction for rape under Section 376 of the Penal Code, 1860 is sustainable
- 02
Whether the prosecutrix's (daughter's) evidence is credible and sufficient to uphold the conviction
- 03
Whether the nature of the offences justifies upholding the convictions by the courts below
Party arguments
- Applicant
- Petitioner challenged the conviction of rape recorded by the trial court and upheld by the High Court.
- Respondent
- Respondent maintained that the prosecutrix's evidence is credible and the convictions by the courts below should be upheld.
05
Court’s reasoning
Legal principles
- 01
Penal Code, 1860 - s.376
Rape is an offence under Section 376 of the Penal Code, 1860.
- 02
Judgment in this case
Credibility of the prosecutrix's testimony can sustain a conviction where courts find no reason to disbelieve it.
06
Ratio, limits and disposition
Ratio decidendi
The Supreme Court dismissed the special leave petition and upheld the convictions because the prosecutrix's evidence was found credible and the repeated rape of the daughter over five years, resulting in a child, constituted a barbaric and heinous offence that could not be condoned.
Obiter and limits
- This is one of the most barbaric and heinous cases encountered by the Court.
- Delay in filing the petition was condoned.
Court disposition
Special Leave Petition dismissed; convictions and orders of the courts below upheld.
- Delay condoned.
- Special Leave Petition dismissed.
- Conviction by the trial court and judgment of the High Court upholding the conviction are maintained.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[2011) 5 S.C.R. 769
BHANU VALVE v.
STATE (Special Leave Petition (Criminal) No. 3192 of 2011)
APRIL 18, 2011
A
8
[MARKANDEY KAT JU 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
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 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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