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Criminal LawSupreme Court of India

Bhanei Prasad @ Raju v. State of Himachal Pradesh

Special Leave Petition (Criminal) · 2025 INSC 934Decided 4 Aug 2025
SLP(Crl) No.-011587-011587 - 2025 (Diary No. 33114/2025)
Justice Aravind Kumar · Justice Sandeep Mehta

Background

The petitioner was convicted by the trial court, and the conviction affirmed by the Himachal Pradesh High Court, for repeatedly sexually assaulting his own minor daughter (around ten years old at the time) under the POCSO Act, along with criminal intimidation. He was sentenced to life imprisonment plus a fine. He approached the Supreme Court seeking to overturn the conviction, arguing he had been falsely implicated because of strained family relations.

Decision Breakdown

The Supreme Court found the victim's testimony credible and unwavering, corroborated by her sister's evidence, medical records, and DNA evidence, and held that the statutory presumption of guilt under Section 29 of the POCSO Act stood unrebutted. It rejected the false-implication argument as hollow, holding that two courts had already concurrently and correctly found guilt with no perversity in their reasoning, so there was no ground to interfere under Article 136. Exercising its power under Article 142, the Court went further and directed the State of Himachal Pradesh to pay the victim Rs. 10,50,000 as compensation under the NALSA compensation scheme for sexual assault survivors, with part of it kept in a fixed deposit to secure her future.

Lesson Learnt

Courts give strong weight to a child sexual abuse survivor's consistent, corroborated testimony, and a claim of "false implication due to family disputes" alone will not overturn a conviction backed by concurrent findings of two courts. The Supreme Court can also independently order victim compensation under its constitutional powers, even beyond what was awarded by the courts below.

Bhanei Prasad @ Raju v. State of Himachal Pradesh – Legal Case Shots | LegalAware