Full Judgment Text
2025 INSC 934
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRIMINAL)
DIARY NO. 33114/2025
BHANEI PRASAD @ RAJU …PETITIONER
VS.
STATE OF HIMACHAL PRADESH …RESPONDENT(S)
O R D E R
1. Heard. Delay condoned.
2. The present petition assails the judgment and final order dated
03.07.2024 passed by the High Court of Himachal Pradesh at Shimla in
Criminal Appeal No.562 of 2019, whereby the conviction and sentence
of the petitioner under Section 6 of the Protection of Children from
Sexual Offences Act, 2012 (hereinafter, 'POCSO Act') and Section 506
of the Indian Penal Code has been affirmed.
Signature Not Verified
Digitally signed by
KAVITA PAHUJA
Date: 2025.08.06
11:25:28 IST
Reason:
3. The facts of the case reveal a story of unspeakable betrayal of
trust by none other than the father of the victim, who stands convicted
1
for repeatedly committing aggravated penetrative sexual assault upon
his own minor daughter, who was just around ten years old at the time
of the incident. The acts were not isolated incidents but sustained,
deliberate assaults within the safety of the home, a place where every
child expects protection.
4. The Trial Court, upon meticulous evaluation of the oral
testimony of the victim (PW3), the corroborating evidence of her elder
sister (PW2), and the compelling forensic and medical records, had
rightly returned a verdict of guilt. The High Court, in a well-reasoned
judgment, has affirmed the conviction and imposed the sentence of life
imprisonment, in addition to fine.
5. The jurisprudence under the POCSO Act has evolved as a
bulwark against the predatory crimes targeting the innocence of
childhood. Section 29 of the POCSO Act creates a statutory
presumption of guilt, once foundational facts are established. In the
present case, this presumption stood unrebutted. The victim’s testimony
was unwavering, medically corroborated, and free from embellishment.
Her disclosure, though delayed, was truthful and borne out of perennial
trauma and threats she has undergone.
2
6. It is now well settled that the testimony of a child victim, if found
credible and trustworthy, requires no corroboration. The Courts below
have not merely accepted the victim’s account, they have validated it
through unimpeachable scientific evidence. The DNA report sealed the
evidentiary chain and has dispelled all doubts in the prosecution case
which is sought to be assailed by the petitioner.
7. The argument raised before us is that the petitioner was falsely
implicated due to strained domestic relationships and disapproval of
romantic alliances of his daughters is completely hollow. No daughter,
however aggrieved, would fabricate charges of this magnitude against
her own father merely to escape household discipline.
8. This Court has repeatedly underscored that in offences involving
sexual abuse, especially against children, the trauma suffered by the
victim is lifelong. The scars are not merely physical but psychological,
cutting across every fibre of trust, safety, and dignity. When the
perpetrator is none other than the father, the natural guardian, the crime
assumes a demonic character.
9. Such offences deserve nothing but the severest condemnation
and deterrent punishment. To pardon such depravity under any guise
3
would be a travesty of justice and a betrayal of the child protection
mandate embedded in our constitutional and statutory framework.
10. As per ancient scriptures:
“Yatra nāryastu pūjyante ramante tatra devatāḥ,
yatraitaastu na pūjyante sarvāstatra aphalāḥ kriyāḥ.”
"Where women are honoured, divinity flourishes; and
where they are dishonoured, all acts become fruitless."
This verse reflects not merely a cultural principle but a constitutional
vision. The dignity of women is non-negotiable, and our legal system
must not permit repeated intrusion into that dignity under the guise of
misplaced sympathy or alleged procedural fairness.
11. A prayer for interim relief of bail is also sought in the petition
and our judicial conscience does not permit casual indulgence in a
prayer for interim relief of bail where the conviction has been rendered
after full-fledged trial, affirmed in appeal, and the testimony of the
victim is clear, cogent, and duly corroborated. This Court has
repeatedly held that in serious offences under the POCSO Act,
particularly those involving familial betrayal of trust, relief cannot be
granted as a matter of routine. Where two courts have concurrently
4
found guilt and the findings are not shown to be perverse, interference
under Article 136 is neither warranted nor justified in the present case.
12. Let it be stated unambiguously that entertaining of the present
petition or remotely considering the grant of bail in a case of this nature,
after the guilt has been proved and affirmed, would not merely
undermine the majesty of the law, it would amount to a betrayal of the
constitutional promise made to every child of this country. It would be,
in the considered view of this Court, a judicial insult to the sanctity of
womanhood and a blow to every mother who teaches her child to
believe in justice.
13. When a father who is expected to be a shield, a guardian, a moral
compass, becomes the source of the most severe violation of a child’s
bodily integrity and dignity, the betrayal is not only personal but
institutional. The law does not, and cannot, condone such acts under the
guise of rehabilitation or reform. Incestuous sexual violence committed
by a parent is a distinct category of offence that tears through the
foundational fabric of familial trust and must invite the severest
condemnation in both language and sentence. The home, which should
be a sanctuary, cannot be permitted to become a site of unspeakable
5
trauma, and the courts must send a clear signal that such offences will
be met with an equally unsparing judicial response. To entertain a plea
for leniency in a case of this nature would not merely be misplaced, it
would constitute a betrayal of the Court’s own constitutional duty to
protect the vulnerable. When a child is forced to suffer at the hands of
her own father, the law must speak in a voice that is resolute and
uncompromising. There can be no mitigation in sentencing for crimes
that subvert the very notion of family as a space of security.
14. In such exceptional circumstances, this Court cannot rest content
with the imposition of penal consequences alone. The arc of
constitutional justice, particularly under Article 142, extends beyond
punishment to encompass rehabilitation, reparation, and the affirmation
1
of human dignity. As held in Nipun Saxena v. Union of India , this
Court accepted and directed the implementation of the “Compensation
Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes,
2018” framed by the National Legal Services Authority. Under the said
Scheme, the maximum compensation prescribed for victims of rape is
1
(2019) 2 SCC 703
6
Rs.7,00,000/- (Rupees Seven Lakhs Only) which is to be enhanced by
50% in cases involving minor victims.
15. Having regard to the age of the victim at the time of the offence,
the sustained nature of the abuse, and the constitutional obligation to
provide meaningful redress, we direct that a sum of Rs.10,50,000/-
(Rupees Ten Lakhs and Fifty Thousand only) be paid to the victim as
compensation as per the Scheme by the State of Himachal Pradesh in
the peculiar facts of the case. Though the victim has now attained the
age of majority, we are of the considered view that in order to protect
her future interest, some amount if ordered to be kept in a fixed deposit,
it would secure her best interest. Hence, we direct that a sum of
Rs.7,00,000/- (Rupees Seven Lakhs Only) be kept in a fixed deposit in
any nationalised bank for a period of 5 years in the name of the victim
and she would be entitled to withdraw the quarterly interest. The
balance, Rs.3,50,000/- (Rupees Three Lakhs and Fifty Thousand Only)
shall be paid to her by transferring the said amount to her account, the
details of which shall be furnished by her to the Member Secretary,
Himachal Pradesh State Legal Services Authority. It is needless to state
that on maturity of the fixed deposit, the proceeds thereof shall be
7
transferred to her account, and this process shall be monitored by the
Himachal Pradesh State Legal Services Authority.
16. This Court reiterates that justice must not be limited to
conviction, it must, where the law so permits, include restitution. In
awarding this compensation, we reaffirm the constitutional
commitment to protect the rights and dignity of child survivors, and to
ensure that the justice delivered is substantive, compassionate, and
complete.
17. In view of our observations made above, we find no infirmity or
perversity in the concurrent findings of the Courts below, the conviction
and sentence awarded by the courts below are found to be just, lawful
and necessary. Hence, the Special Leave Petition stands dismissed in
limine . Pending applications, if any, shall also stand disposed of.
…..……………………J.
(ARAVIND KUMAR)
…..……………………J.
(SANDEEP MEHTA)
New Delhi,
August 4, 2025
8
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRIMINAL)
DIARY NO. 33114/2025
BHANEI PRASAD @ RAJU …PETITIONER
VS.
STATE OF HIMACHAL PRADESH …RESPONDENT(S)
O R D E R
1. Heard. Delay condoned.
2. The present petition assails the judgment and final order dated
03.07.2024 passed by the High Court of Himachal Pradesh at Shimla in
Criminal Appeal No.562 of 2019, whereby the conviction and sentence
of the petitioner under Section 6 of the Protection of Children from
Sexual Offences Act, 2012 (hereinafter, 'POCSO Act') and Section 506
of the Indian Penal Code has been affirmed.
Signature Not Verified
Digitally signed by
KAVITA PAHUJA
Date: 2025.08.06
11:25:28 IST
Reason:
3. The facts of the case reveal a story of unspeakable betrayal of
trust by none other than the father of the victim, who stands convicted
1
for repeatedly committing aggravated penetrative sexual assault upon
his own minor daughter, who was just around ten years old at the time
of the incident. The acts were not isolated incidents but sustained,
deliberate assaults within the safety of the home, a place where every
child expects protection.
4. The Trial Court, upon meticulous evaluation of the oral
testimony of the victim (PW3), the corroborating evidence of her elder
sister (PW2), and the compelling forensic and medical records, had
rightly returned a verdict of guilt. The High Court, in a well-reasoned
judgment, has affirmed the conviction and imposed the sentence of life
imprisonment, in addition to fine.
5. The jurisprudence under the POCSO Act has evolved as a
bulwark against the predatory crimes targeting the innocence of
childhood. Section 29 of the POCSO Act creates a statutory
presumption of guilt, once foundational facts are established. In the
present case, this presumption stood unrebutted. The victim’s testimony
was unwavering, medically corroborated, and free from embellishment.
Her disclosure, though delayed, was truthful and borne out of perennial
trauma and threats she has undergone.
2
6. It is now well settled that the testimony of a child victim, if found
credible and trustworthy, requires no corroboration. The Courts below
have not merely accepted the victim’s account, they have validated it
through unimpeachable scientific evidence. The DNA report sealed the
evidentiary chain and has dispelled all doubts in the prosecution case
which is sought to be assailed by the petitioner.
7. The argument raised before us is that the petitioner was falsely
implicated due to strained domestic relationships and disapproval of
romantic alliances of his daughters is completely hollow. No daughter,
however aggrieved, would fabricate charges of this magnitude against
her own father merely to escape household discipline.
8. This Court has repeatedly underscored that in offences involving
sexual abuse, especially against children, the trauma suffered by the
victim is lifelong. The scars are not merely physical but psychological,
cutting across every fibre of trust, safety, and dignity. When the
perpetrator is none other than the father, the natural guardian, the crime
assumes a demonic character.
9. Such offences deserve nothing but the severest condemnation
and deterrent punishment. To pardon such depravity under any guise
3
would be a travesty of justice and a betrayal of the child protection
mandate embedded in our constitutional and statutory framework.
10. As per ancient scriptures:
“Yatra nāryastu pūjyante ramante tatra devatāḥ,
yatraitaastu na pūjyante sarvāstatra aphalāḥ kriyāḥ.”
"Where women are honoured, divinity flourishes; and
where they are dishonoured, all acts become fruitless."
This verse reflects not merely a cultural principle but a constitutional
vision. The dignity of women is non-negotiable, and our legal system
must not permit repeated intrusion into that dignity under the guise of
misplaced sympathy or alleged procedural fairness.
11. A prayer for interim relief of bail is also sought in the petition
and our judicial conscience does not permit casual indulgence in a
prayer for interim relief of bail where the conviction has been rendered
after full-fledged trial, affirmed in appeal, and the testimony of the
victim is clear, cogent, and duly corroborated. This Court has
repeatedly held that in serious offences under the POCSO Act,
particularly those involving familial betrayal of trust, relief cannot be
granted as a matter of routine. Where two courts have concurrently
4
found guilt and the findings are not shown to be perverse, interference
under Article 136 is neither warranted nor justified in the present case.
12. Let it be stated unambiguously that entertaining of the present
petition or remotely considering the grant of bail in a case of this nature,
after the guilt has been proved and affirmed, would not merely
undermine the majesty of the law, it would amount to a betrayal of the
constitutional promise made to every child of this country. It would be,
in the considered view of this Court, a judicial insult to the sanctity of
womanhood and a blow to every mother who teaches her child to
believe in justice.
13. When a father who is expected to be a shield, a guardian, a moral
compass, becomes the source of the most severe violation of a child’s
bodily integrity and dignity, the betrayal is not only personal but
institutional. The law does not, and cannot, condone such acts under the
guise of rehabilitation or reform. Incestuous sexual violence committed
by a parent is a distinct category of offence that tears through the
foundational fabric of familial trust and must invite the severest
condemnation in both language and sentence. The home, which should
be a sanctuary, cannot be permitted to become a site of unspeakable
5
trauma, and the courts must send a clear signal that such offences will
be met with an equally unsparing judicial response. To entertain a plea
for leniency in a case of this nature would not merely be misplaced, it
would constitute a betrayal of the Court’s own constitutional duty to
protect the vulnerable. When a child is forced to suffer at the hands of
her own father, the law must speak in a voice that is resolute and
uncompromising. There can be no mitigation in sentencing for crimes
that subvert the very notion of family as a space of security.
14. In such exceptional circumstances, this Court cannot rest content
with the imposition of penal consequences alone. The arc of
constitutional justice, particularly under Article 142, extends beyond
punishment to encompass rehabilitation, reparation, and the affirmation
1
of human dignity. As held in Nipun Saxena v. Union of India , this
Court accepted and directed the implementation of the “Compensation
Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes,
2018” framed by the National Legal Services Authority. Under the said
Scheme, the maximum compensation prescribed for victims of rape is
1
(2019) 2 SCC 703
6
Rs.7,00,000/- (Rupees Seven Lakhs Only) which is to be enhanced by
50% in cases involving minor victims.
15. Having regard to the age of the victim at the time of the offence,
the sustained nature of the abuse, and the constitutional obligation to
provide meaningful redress, we direct that a sum of Rs.10,50,000/-
(Rupees Ten Lakhs and Fifty Thousand only) be paid to the victim as
compensation as per the Scheme by the State of Himachal Pradesh in
the peculiar facts of the case. Though the victim has now attained the
age of majority, we are of the considered view that in order to protect
her future interest, some amount if ordered to be kept in a fixed deposit,
it would secure her best interest. Hence, we direct that a sum of
Rs.7,00,000/- (Rupees Seven Lakhs Only) be kept in a fixed deposit in
any nationalised bank for a period of 5 years in the name of the victim
and she would be entitled to withdraw the quarterly interest. The
balance, Rs.3,50,000/- (Rupees Three Lakhs and Fifty Thousand Only)
shall be paid to her by transferring the said amount to her account, the
details of which shall be furnished by her to the Member Secretary,
Himachal Pradesh State Legal Services Authority. It is needless to state
that on maturity of the fixed deposit, the proceeds thereof shall be
7
transferred to her account, and this process shall be monitored by the
Himachal Pradesh State Legal Services Authority.
16. This Court reiterates that justice must not be limited to
conviction, it must, where the law so permits, include restitution. In
awarding this compensation, we reaffirm the constitutional
commitment to protect the rights and dignity of child survivors, and to
ensure that the justice delivered is substantive, compassionate, and
complete.
17. In view of our observations made above, we find no infirmity or
perversity in the concurrent findings of the Courts below, the conviction
and sentence awarded by the courts below are found to be just, lawful
and necessary. Hence, the Special Leave Petition stands dismissed in
limine . Pending applications, if any, shall also stand disposed of.
…..……………………J.
(ARAVIND KUMAR)
…..……………………J.
(SANDEEP MEHTA)
New Delhi,
August 4, 2025
8