In this judgment from Hon’ble Delhi High Court, it was held that the prosecution could not prove the offence of incest laid on the father.
Per Para 26,
Kapil Kumar Beri Vs The State Of Delhi (N.C.T. Of Delhi) on 19 December, 2018
While it is true that the evidence of the prosecutrix deserves to be given weight and in certain circumstances can be acted upon without any corroboration, in cases of incest, there is always a need for greater and more acute scrutiny, inasmuch as such allegations against persons related by blood (own biological father, for example) smack of bestial instinct and total absence of basic human values and discretion. It is sad to note that the trial Judge blindly accepted the prosecution story without going into the aspects which render it highly improbable, virtually impossible. The erroneous approach of the trial court has led to serious miscarriage of justice in the present case unreasonably holding the biological father of raping his own daughter in the teeth of loaded circumstances showing her to be of wayward ways and possibly in liaison with a male acquaintance.