Bhanei Prasad @ Raju vs State of Himachal Pradesh 2025 INSC 934 - POCSO Act - Restitution
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Protection of Children from Sexual Offences Act, 2012 - Section 6 -The testimony of a child victim, if found credible and trustworthy, requires no corroboration. (Para 6)
POCSO Act - While upholding conviction of a man accused of sexually assaulting his minor 10 year old daughter, SC observed: 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 - 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. (Para 13) 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. (Para 8)
POCSO Act - justice must not be limited to conviction, it must, where the law so permits, include restitution [Context: SC directed that a sum of Rs.10,50,000 be paid to the victim as compensation as per the Scheme by the State of Himachal Pradesh in the peculiar facts of the case]
Case Info
The case is
Case Name and Neutral Citation
- Case Name: Bhanei Prasad @ Raju vs. State of Himachal Pradesh
- Neutral Citation: 2025 INSC 934
Coram (Judges)
- Justice Aravind Kumar
- Justice Sandeep Mehta
Judgment Date
- August 4, 2025
Caselaws and Citations Referred
- Nipun Saxena v. Union of IndiaCitation: (2019) 2 SCC 703
Statutes/Laws Referred
- Protection of Children from Sexual Offences Act, 2012 (POCSO Act)
- Section 6 (Aggravated penetrative sexual assault)
- Section 29 (Presumption of guilt)
- Indian Penal Code
- Section 506 (Criminal intimidation)
- Constitution of India
- Article 136 (Special Leave Petition)
- Article 142 (Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.)
Additional References
- “Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018” framed by the National Legal Services Authority
#SupremeCourt while upholding conviction of a man accused of sexually assaulting his own daughter: https://t.co/4DwtR2azeW pic.twitter.com/TnGjaHtHnl
— CiteCase 🇮🇳 (@CiteCase) August 6, 2025
#SupremeCourt quotes Manusmriti verse "Yatra nāryastu pūjyante” and says that it not merely a cultural principle but a constitutional vision.
— CiteCase 🇮🇳 (@CiteCase) August 6, 2025
The dignity of women is non-negotiable, and our legal system must not permit repeated intrusion into that dignity under the guise of… https://t.co/4DwtR2azeW pic.twitter.com/oFlKFxDdD7
"No daughter, however aggrieved, would fabricate charges of this magnitude against her own father merely to escape household discipline."#SupremeCourt on POCSO convict’s argument that he was falsely implicated by his daughter ! https://t.co/4DwtR2azeW pic.twitter.com/FQzpm30Oxa
— CiteCase 🇮🇳 (@CiteCase) August 6, 2025
