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ARAVIND KUMAR, SANDEEP MEHTA
Bhanei Prasad @ Raju – Appellant
Versus
State Of Himachal Pradesh – Respondent
Key Points: - The court upheld the conviction and imposed life imprisonment and fines for aggravated penetrative sexual assault on a minor daughter, emphasizing harsh sentencing and rejection of leniency. (!) (!) - The testimony of a credible child victim, when supported by medical/forensic evidence (DNA), requires no corroboration, and the DNA report strengthens the prosecution case. (!) - The Court dismissed the petition for bail, holding that interference is unwarranted where guilt has been proven and affirmed. (!) (!) - The Court directed compensation to the victim under the National Legal Services Authority scheme, amounting to Rs.10,50,000, with Rs.7,00,000 to be kept in fixed deposit for 5 years and the remaining Rs.3,50,000 to be paid to the victim, with arrangements for monitoring and eventual transfer on maturity. (!) (!) - The judgment emphasizes the protection of child dignity and condemns incestuous sexual violence, particularly by a parent, and rejects any leniency in sentencing. (!) (!) - The Court references constitutional obligations to provide meaningful redress and the use of the compensation scheme for women victims/survivors of sexual assault. (!) (!) - The conviction and sentence are upheld as just, lawful, and necessary; the Special Leave Petition is dismissed. (!)
Note: The references cited correspond to specific passages in the document.
| Table of Content |
|---|
| 1. dismissal of the special leave petition (Para 1 , 17) |
| 2. assertion of conviction under pocso act (Para 2 , 3) |
| 3. credibility of child victim testimony affirmed (Para 4 , 5 , 6) |
| 4. court's view on rehabilitation and the impact of familial betrayal (Para 7 , 12 , 13 , 14 , 16) |
| 5. importance of deterrent punishment in sexual offences (Para 8 , 9 , 10) |
| 6. compensation for victims and protection of future interests (Para 11 , 15) |
ORDER :
1. Heard. Delay condoned.
2. The present petition assails the judgment and final order dated 03.07.2024 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.562 of 2019, whereby the conviction and sentence of the petitioner under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, 'POCSO Act') and Section 506 of the INDIAN PENAL CODE has been affirmed.
3. The facts of the case reveal a story of unspeakable betrayal of trust by none other than the father of the victim, who stands convicted for repeatedly committing aggravated penetrative sexual assault upon his own minor daughter, who was just around ten years old at the time of the incident. The acts were not isolated incidents but sus
The court affirmed the conviction for severe sexual assault against a minor, emphasizing the integrity of the victim's testimony and the statutory presumption of guilt under POCSO, rejecting leniency....
q(1) Sexual offences against children – Crimes of this nature demand sternest judicial response – Imposition of punishment must be proportionate to gravity of offence and reflective of society’s coll....
Rape of girl child – Crimes of such nature warrant strongest judicial censure and imposition of deterrent punishment commensurate with their gravity – Any indulgence or misplaced leniency extended to....
The testimony of the prosecutrix, if creditworthy and trustworthy, can be the sole ground for convicting the accused in cases of sexual assault, and corroboration of her testimony is not essential. T....
The court established that the provisions of the POCSO Act regarding the definition of a child and the nature of aggravated penetrative sexual assault are critical in determining the guilt of the acc....
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
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