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