BHANEI PRASAD @ RAJU versus STATE OF HIMACHAL PRADESH

BHANEI PRASAD @ RAJU versus STATE OF HIMACHAL PRADESH

The concurrent findings of guilt by the trial court and the High Court were supported by the victim's credible and medically and forensically corroborated testimony, the statutory presumption under Section 29 of the POCSO Act remained unrebutted, and the DNA evidence sealed the evidentiary chain; therefore the Supreme Court affirmed the conviction under Section 6 POCSO and Section 506 IPC and upheld the sentence, while exercising powers under Article 142 to award compensation to the victim.

Parties
Petitioner: Bhanei Prasad @ Raju; Respondent: State of Himachal Pradesh
Jurisdiction
India
Judgment Date
04 August 2025
Procedural Posture
Special Leave Petition (criminal) / Appeal to Supreme Court Under Article 136 Against High Court Judgment Upholding Conviction; SLP Dismissed in Limine
Outcome
Special Leave Petition dismissed.
Legal Topics
Sexual Assault, POCSO Section 6, POCSO Section 29 Presumption, Section 506 IPC, Sentencing, Compensation Under Article 142, Forensic Evidence (dna), Child Testimony Corroboration
Criminal Law Child Protection Constitutional Law Sexual Assault POCSO Section 6 POCSO Section 29 Presumption Section 506 IPC Sentencing +3 more

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Parties

Bhanei Prasad @ Raju

Petitioner

State of Himachal Pradesh

Respondent

Procedural Posture

Special Leave Petition (criminal) / Appeal to Supreme Court Under Article 136 Against High Court Judgment Upholding Conviction; SLP Dismissed in Limine

Legal Issues

  1. 1 Whether the conviction under Section 6 of the POCSO Act and Section 506 IPC is sustainable
  2. 2 Whether the presumption under Section 29 of the POCSO Act was rebutted
  3. 3 Whether the testimony of the child victim required corroboration

Ratio Decidendi

The concurrent findings of guilt by the trial court and the High Court were supported by the victim's credible and medically and forensically corroborated testimony, the statutory presumption under Section 29 of the POCSO Act remained unrebutted, and the DNA evidence sealed the evidentiary chain; therefore the Supreme Court affirmed the conviction under Section 6 POCSO and Section 506 IPC and upheld the sentence, while exercising powers under Article 142 to award compensation to the victim.

Court Disposition

Special Leave Petition dismissed.

Orders

  • Conviction and sentence under Section 6 of the POCSO Act and Section 506 IPC as upheld by the High Court affirmed.
  • Special Leave Petition dismissed in limine and pending applications, if any, disposed of.