RAJASTHAN HIGH COURT
Vinit Kumar Mathur and
Chandra Shekhar Sharma, JJ.
“B” – Applicant
versus
State of Rajasthan and Ors. – Respondents
Application (Appeal) No. 2147 of 2025 and D.B. Criminal Appeal (DB) No. 262 of 2023
Decided on 24.2.2026

qIMPORTANT POINTS
(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 collective denunciation of such conduct.
(2) Any indulgence or misplaced leniency shown toward such moral depravity would not only erode public confidence in justice delivery system but would amount to failure of constitutional and statutory duty cast upon courts to protect children from sexual exploitation.

Headnote:

(A) Protection of Children from Sexual Offences Act, 2012 – Section 23 – Criminal Procedure Code, 1973 – Sections 374(2) and 389 [Sections 415 and 430 of BNSS] – Application for suspension of sentence – Appeal against conviction – Victim sworn statements regarding sexual assault and manner in which she was raped were sufficient without necessity of corroboration – Victim recorded a video of her father committing sexual assault upon her – Victim” was residing alone with her father, accused-appellant – She had no immediate familial support other than him – In such circumstances, it is but natural that a minor girl below 16 years of age would hesitate to disclose such incidents, particularly when accused appellant was her own father and sole guardian – It is inconceivable that a minor daughter would falsely implicate her own father in such a grave offence unless crime had, in fact, occurred – Courage shown by victim in recording video of incident further strengthens her credibility – Conviction can be based solely on testimony of victim/prosecutrix if it is credible, and minor contradictions cannot be a ground to reject her evidence. (Paras 28, 30, 31, 32 and 33)

(B) Criminal Procedure Code, 1973 – Sections 374(2) and 389 [Sections 415 and 430 of BNSS] – Protection of Children from Sexual Offences Act, 2012 – Section 23 – Application for suspension of sentence – Appeal against conviction – No daughter can ever anticipate that her own father would become perpetrator of such trauma, thereby casting permanent shadow upon her future – Sexual offences, particularly those committed against children, inflict injuries that extend far beyond immediacy of physical act – Harm is not confined to bodily violation; it penetrates deeply into psychological and emotional fabric of victim – Crimes of this nature demand sternest judicial response – Imposition of punishment must be proportionate to gravity of offence and reflective of society’s collective denunciation of such conduct – Any indulgence or misplaced leniency shown toward such moral depravity would not only erode public confidence in justice delivery system but would amount to failure of constitutional and statutory duty cast upon courts to protect children from sexual exploitation – Seriousness of offence is further aggravated by tender age of victim, who was legally incapable of giving consent, and by repeated breach of her bodily integrity and dignity – Offence strikes not only at individual victim but also at foundational values of familial trust and societal morality – It amounts to gross violation of constitutional guarantee of dignity and personal liberty – Impugned conviction and sentence upheld. (Paras 34, 35, 36, 48 and 49)

Result: Criminal Appeal as well as application for suspension of sentence dismissed.