The Supreme Court of India recently delivered a powerful judgment in a case involving the sexual assault of a minor girl by her own father. The Court upheld the life imprisonment sentence awarded to the accused under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Section 506 of the Indian Penal Code (IPC). The ruling also directed the State of Himachal Pradesh to pay Rs. 10.5 lakh as compensation to the victim, ensuring her long-term financial security.
The case involved a father who repeatedly sexually assaulted his 10-year-old daughter within their home - a place meant to be a sanctuary for the child. The Trial Court and the High Court of Himachal Pradesh had already convicted the accused based on strong evidence, including the victim’s testimony, medical reports, and DNA analysis. The Supreme Court, in its order, described the crime as a "demonic betrayal" of familial trust and emphasized that such acts warrant the harshest punishment.
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The Court highlighted Section 29 of the POCSO Act, which creates a legal presumption of guilt once the foundational facts are established. In this case, the victim’s testimony was found credible, consistent, and corroborated by forensic evidence. The Court dismissed the petitioner’s argument that he was falsely implicated due to family disputes, stating that no child would fabricate such grave allegations merely due to domestic disagreements.
"Where women are honoured, divinity flourishes; and where they are dishonoured, all acts become fruitless."
- Ancient scripture quoted by the Supreme Court
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The accused had sought interim bail, but the Court firmly rejected the plea, stating that bail cannot be granted routinely in POCSO cases, especially those involving familial abuse. The Bench, comprising Justices Aravind Kumar and Sandeep Mehta, noted that the lower courts’ findings were neither perverse nor unjustified, leaving no grounds for interference under Article 136 of the Constitution.
Beyond punishment, the Court focused on restorative justice. Citing the Nipun Saxena v. Union of India case, it directed the Himachal Pradesh State Legal Services Authority to ensure the victim receives Rs. 10.5 lakh as compensation. Of this, Rs. 7 lakh will be held in a fixed deposit for five years, with the victim receiving quarterly interest, while the remaining Rs. 3.5 lakh will be transferred directly to her account.
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A Strong Message Against Child Abuse
The judgment sends a clear message that crimes against children, particularly by those in positions of trust, will be met with zero tolerance. The Court stressed that justice must include both punishment and rehabilitation, ensuring the victim’s dignity and future are protected.
"The law must speak in a voice that is resolute and uncompromising when a child suffers at the hands of her own father."
- Supreme Court
With this ruling, the Supreme Court reaffirmed its commitment to safeguarding children and delivering justice that is both stern and compassionate. The dismissal of the petition and the compensation order stand as a testament to India’s evolving jurisprudence on child protection.
Case Title: Bhanei Prasad @ Raju vs. State of Himachal Pradesh
Case No.: Special Leave Petition (Criminal) Diary No. 33114 of 2025