VidhiSangh

Supreme Court of India · 04/08/2025

BHANEI PRASAD @ RAJU versus STATE OF HIMACHAL PRADESH

[2025] 9 S.C.R. 91 · 2025 INSC 934

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Summary

Special leave petition by a father convicted under Section 6 of the POCSO Act and Section 506 IPC for repeated aggravated penetrative sexual assault on his minor daughter was dismissed in limine. The Court found the concurrent findings free of perversity, refused interim bail, held that incestuous sexual violence by a parent admits of no mitigation in sentence, and, invoking Article 142, directed the State to pay the victim Rs.10,50,000 as compensation under the NALSA 2018 Scheme.

Issues

  1. Whether the concurrent conviction and sentence of life imprisonment under Section 6 of the POCSO Act and Section 506 IPC warranted interference under Article 136.
  2. Whether the testimony of the child victim, corroborated by medical and DNA evidence, could be discarded on the plea of false implication arising from strained domestic relations.
  3. Whether interim bail can be granted after conviction has been affirmed in appeal on cogent and corroborated evidence.
  4. Whether, beyond affirming the sentence, the Court should direct victim compensation under the NALSA Compensation Scheme, 2018.

Provisions considered

Held

Result

Special leave petition dismissed in limine; delay condoned; conviction and sentence affirmed. State of Himachal Pradesh directed to pay the victim Rs.10,50,000 as compensation: Rs.7,00,000 to be kept in a fixed deposit in a nationalised bank in her name for five years with liberty to withdraw quarterly interest, and Rs.3,50,000 to be transferred to her account, details to be furnished to the Member Secretary, Himachal Pradesh State Legal Services Authority, which will monitor the process. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 9 S.C.R. 91.