[Cites 25, Cited by 0]

Rajasthan High Court - Jodhpur

Babulal vs State Of Rajasthan ... on 24 February, 2026

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

    [2026:RJ-JD:10183-DB]




          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
             (1) D.B. Criminal Misc Suspension Of Sentence
                  Application (Appeal) No. 2147/2025
     "B" S/o Chatra Ram, Aged About 52 Years, R/o Kotri, P.s.
     Desuri, Dist. Pali (Rajasthan). (Presently Confined In Dist. Jail
     Pali).
                                                        ----Applicant
                                    Vs.
     1.      State Of Rajasthan, Through Public Prosecutor.
     2.      Dileep S/o Pemaram, R/o Barli Guadi, Desuri, Police
             Station Desuri, District Pali.
     3.      "Bh" D/o "B", R/o Kotri, Police Station Desuri, District
             Pali (Rajasthan)
                                                        ----Respondents

                (2) D.B. Criminal Appeal (DB) No. 262/2023
     "B" S/o Chatra Ram, Aged About 52 Years, R/o Kotri, P.s. Desuri,
     Dist. Pali (Rajasthan). (Presently Confined In Dist. Jail Pali).
                                                                           ----Appellant
                                           Versus
     1.      State Of Rajasthan, Through PP
     2.      Dileep S/o Pemaram, B/c Prajapat, R/o Barli Guadi,
             Desuri, P.S. Desuri, Dist. Pali.
     3.      "Bh" D/o "B", R/o Kotri, P.s. Desuri, Dist. Pali (Rajasthan).
                                                                        ----Respondents


    For Appellant(s)             :     Mr. JVS Deora
    For Respondent(s)            :     Mr. Rajesh Bhati, PP


             HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA Reportable Judgment 24/02/2026

1. The matter was listed on an application for suspension of

sentence; however, with the consent of learned counsel for the

parties, the appeal itself was taken up for final hearing and

disposal.

2. The Hon'ble Supreme Court in the case of Nipun Saxena &

Anr. Vs. Union of India & Ors., (2019) 2 SCC 703, and further

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reiterated in Birbal Kumar Nishad Vs. State of Chhattisgarh

(SLP (Crl.) No. 4540/2021, decided on 30.06.2021),

emphasized the mandatory requirement of protecting the identity

of victims of sexual offences, and having regard to the provisions

of Section 23 of the Protection of Children from Sexual Offences

Act, 2012, this Court deems it appropriate to withhold the real

name and identity of the victim and her close relatives.

Accordingly, for the purpose of maintaining anonymity, the victim

has been referred to as the "victim" and/or "Bh" and the accused-

appellant being the father of the victim has also been referred to

by a fictitious name i.e. "B" in the present judgment.

3. The instant Criminal Appeal under Section 374(2) of the

Code of Criminal Procedure has been preferred by the accused-

appellant "B" son of Shri Chatra Ram, assailing the legality and

validity of the judgment dated 13.10.2023 passed by the learned

Special Judge, Prevention of Children from Sexual Offences Act,

2012 and Child Rights Protection Commission Act, 2005, No.3, Pali

(hereinafter referred to as "the Learned Trial Court") in Sessions

Case No.89/2023, whereby the accused-appellant has been

convicted and sentenced for the offences as under :-

376(3) Life imprisonment for the In default of payment of IPC Remainder of the Natural fine to further undergo 3 Life, with a Fine of Month's SI Rs.10,000/-

376(2) Life imprisonment for the                      In default of payment of
(F) IPC Remainder of the Natural                      fine to further undergo 3
        Life,  with    a   Fine    of                 Month's SI
        Rs.10,000/-

376(2) 10 Year's R.I., with a Fine ofIn default of payment of (J) IPC Rs.10,000/- fine to further undergo 3 Month's SI 5(L)/6 Life imprisonment for the In default of payment of

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POCSO Remainder of the Natural fine to further undergo 3 Life, with a Fine of Month's SI Rs.10,000/-

4. As per prosecution case, on 27.03.2023, PW-4 Dilip cousin

brother of the "victim" (being the son of her uncle) appeared

before the Police Station Desuri, Pali and submitted a written

report (Ex.P-15) stating therein that on 27.03.2023, he was

present at his shop and had gone to his house in the afternoon for

lunch. Upon reaching at home, he found that his uncle's daughter

("victim"), who had been residing at his house for the preceding

one month, had left the house without informing anyone and had

allegedly gone away with some unknown person. He further

mentioned in the report that as per the Aadhaar Card of the

victim, her date of birth is recorded as "21.08.2008", and

therefore on the date of submitting written report was

approximately 14 years of age. He also stated that she had not

taken any articles from the house except her clothes. On the basis

of the said written report he requested for taking appropriate legal

action.

5. On the basis of the above written report, a formal FIR No.

42/2023 was registered at Police Station Desuri, Pali against

unknown person for the offence under section 363 of the Indian

Penal Code.

6. After completion of investigation, the police filed a charge-

sheet against the present appellant-accused for the offences under

Sections 376(3), 376(2)(F), 376(2)(J) and 376(2)(N) of Indian

Penal Code and Sections 3/4 and 5(L)/6 of the Prevention of

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Children from Sexual Offences Act, 2012. The co-accused namely

Mithun Khan was also charge-sheeted for the offences under

Sections 363, 366, 376(3) and 376(2)(J) IPC and Section 3/4 of

the POCSO Act.

7. Learned Trial Court framed, read over and explained the

charges for the aforesaid offences against the appellant-accused

and co-accused Mithun Khan. Both the accused denied the charges

and claimed trial.

8. During the trial, the prosecution examined as many as 16

witnesses. In support of its case, the prosecution also produced

documentary evidence, Exhibits P-01 to P-42.

9. The statement of the accused-appellant was recorded under

Section 313 Cr.P.C., wherein he denied all incriminating

circumstances put to him and specifically pleaded innocence. He

stated that he has been falsely implicated in the present case, and

that the "victim" used to talk with the co-accused Mithun, and that

he has not committed any wrongful act. He further averred that

he is suffering from a chronic disease. The accused-appellants

produce documentary evidence Ex. D-01.

10. Learned Trial Court, after hearing the arguments advanced

on behalf of both sides and upon appreciation of the oral and

documentary evidence brought on record, convicted and

sentenced the accused-appellant i.e. "B" as aforesaid vide

judgment dated 13.10.2023. Further, learned trial court acquitted

the co-accused Mithun Khan from the charges leveled against him

while giving benefit of doubt.

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11. Hence the present appeal.

12. Learned counsel for the accused-appellant submits that the

impugned judgment passed by the learned trial court is ex facie

illegal, contrary to the settled principles of law and the evidence

available on record, and therefore deserves to be quashed and set

aside. He further submits the learned trial court has failed to

properly appreciate the evidence in its correct perspective and has

ignored the material checks and balances available on record. He

submits that the prosecution has utterly failed to prove its case

beyond reasonable doubt and, as such, the conviction of the

accused-appellant cannot be sustained.

13. Learned counsel for the accused-appellant submits that a

careful perusal of the statements of the "victim" (PW-2) would

reveal that she is not a reliable witness. There are material

contradictions between her statements recorded under Sections

161 and 164 Cr.P.C. He further submits that "victim" has made

significant improvements in her court testimony without any

plausible explanation.

14. Learned counsel for the accused-appellant submits that as

per the FIR, the "victim" had merely gone missing and that she

subsequently altered her version, particularly with respect to co-

accused Mithun Khan. He futher submits that the accused-

appellant has been falsely implicated as a result of a conspiracy

hatched by the victim, the first informant i.e. PW-4 Dilip and the

co-accused Mithun Khan.

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15. Learned counsel for the accused-appellant further submits

that the first informant i.e. PW-4 Dilip intended to solemnize an

'Aata-Sata' marriage of the "victim" with his known person when

the accused-appellant being father of "victim" resisted upon such

proposal, he has falsely been roped into the present case. He also

submits that the "victim" was in friendship with co-accused Mithun

Khan too and, with intent to shield him; she changed her version

against him.

16. Learned counsel for the accused-appellant submits that the

learned trial court has failed to appreciate the medical evidence on

record. He submits that the accused-appellant is medically proven

to be an impotent person, and this fact has been duly established.

Despite such evidence, being available on record, the learned trial

court has relied only upon an alleged video without awaiting the

Forensic Science Laboratory (FSL) report to establish its

authenticity and genuineness. In the absence of the FSL report, it

is argued, reliance upon such electronic evidence, is wholly

unsustainable in law.

17. Learned counsel for the accused-appellant further drawn

attention to the testimony of Dr. Arun (PW-7), who clearly stated

that the accused-appellant is impotent. He submits that without

proper appreciation of this crucial medical evidence, the learned

trial court erroneously proceeded to convict and sentence the

accused-appellant solely on the basis of an unverified video. He

also submits that no forcible sexual intercourse was ever

committed by the accused-appellant and that the "victim", in

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connivance with the co-accused Mithun Khan and the first

informant PW-4 Dilip, concocted a false story to implicate him.

18. Lastly, learned counsel for the accused-appellant submits

that the accused-appellant is the biological father of the "victim"

and it is highly improbable that a father would commit such a

heinous offence against his own daughter. He further submits that

the entire prosecution case is the result of a conspiracy

orchestrated by the first informant to remove the accused-

appellant as an obstacle in arranging the early marriage of the

"victim". He also submits that the accused-appellant has no

criminal antecedents and that his conduct during custody has

remained satisfactory.

19. In view of the aforesaid submissions, learned counsel

submits that the impugned judgment and order of conviction and

sentence dated 13.10.2023 may be set aside and the accused-

appellant may be acquitted of all the charges.

20. Per contra, learned Public Prosecutor has vehemently

opposed the submissions advanced on behalf of the accused-

appellant and has supported the findings recorded by the learned

trial court. He submits that the impugned judgment dated

13.10.2023 does not suffer from any infirmity or illegality and that

the conviction of the accused-appellant for the offences under

Sections 376(3), 376(2)(F) and 376(2)(J) of the Indian Penal Code

and Section 5(L)/6 of the Protection of Children from Sexual

Offences Act, 2012 has been rightly recorded on the basis of

reliable and cogent evidence available on record.

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21. Learned Public Prosecutor submits that the prosecution has

successfully proved its case beyond reasonable doubt. He submits

that the "victim" was admittedly a minor girl of approximately 14

years of age at the relevant point of time, and her testimony

clearly establishes that she was subjected to repeated sexual

abuse by her father i.e. the present accused-appellant, over a

considerable period. The "victim" has also specifically deposed

regarding sexual assault committed by co-accused Mithun Khan.

He further submits that the statement of the "victim" is consistent,

trustworthy and inspires confidence, and there is sufficient

material on record corroborating her version.

22. Learned Public Prosecutor further submits that the

prosecution has placed on record electronic evidence in the form

of a video recorded by the "victim" herself and the same has been

accompanied by a certificate under Section 65-B of the Indian

Evidence Act, thereby fulfilling the statutory requirement for

admissibility. He also submits that although the medical report

describes that accused-appellant "B" is an impotent person, but

such finding of medical report does not, by itself, negate the

commission of the offence, particularly when the electronic

evidence supports the prosecution case and there is no justifiable

reason to discard it.

23. Learned Public Prosecutor submits that there is no material

available on record to suggest that the "victim" had any animosity,

ill-will or ulterior motive to falsely implicate her own father "B" in

such a grave offence. He further submits that in the absence of

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any substantial challenge to those specific assertions, the

uncontroverted portions of her evidence deserve to be accepted.

He, therefore, submits that in such circumstances, the testimony

of the "victim" remains unimpeached and forms a sufficient basis

to sustain the conviction of the accused-appellant.

24. We have bestowed our anxious consideration to the

submissions advanced by learned counsel for the parties and have

carefully re-appreciated the entire oral as well as documentary

evidence so also played/seen the video Article-2 (Pen-drive)

available on record including the impugned order dated

13.10.2023.

25. It is noteworthy here that accused "B" is the biological father

of the "victim". PW-2 ("victim") has given statement regarding

committing the crime by her biological father. In this regard, if we

observe the evidence of "victim" (PW-2), she specifically stated in

her examination-in-chief that she does not have any brothers or

sisters and that she is the only child. Her father used to drink

liquor and does grocery business. Her mother's name is "J", who

eloped and married again. Her father has three brothers, one of

whom has passed away whose name was Balaram, and the other

is Pemaram, who lives at Desuri. After her mother's second

marriage, only she and her father lived at home. Her father used

to sexually assault her and had been doing this for the last one

and a half years. She then called her mother and informed her

about the incident and told her that her father was doing wrong

things and raping her. Thereafter, her mother came to Desuri to

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take her, about 6-7 months prior. She was first taken to Desuri

Police Station and from Desuri, she was taken to Mumbai where

her mother lived. She stayed with her mother at Mumbai for six

months. In Mumbai, her stepfather and mother did not treat her

well, so she returned back to her village Kothdi, Pali to live with

her father "B". Thereafter, her father again started doing wrong

things and raping her. One day, she went to Nadol for a "Dhund"

programme and there she met her cousin Daksha. She informed

Daksha about the wrongful acts being committed by her father.

Daksha advised her to record a video as no one would believe that

her father could do such things. Thereafter, she recorded a video

while her father was raping her. She kept the phone on near the

window and recorded the video. She then sent the video to her

elder sister Kanya. Kanya came to Desuri after two days and

informed Dilip Bhai, and Dilip Bhai took her from Kotdi to his

village Desuri.

26. We have carefully examined the cross-examination made by

accused-appellant "B". However, the "victim" was not cross-

examined in detail regarding the statements made in her

examination-in-chief about the sexual assault and the recording of

the video. The "victim" clearly stated that her father used to rape

her and again started raping her after her return from Mumbai.

Upon telling her cousin Daksha (PW-3), and on his advice, she

recorded a video of the incident. However, no detailed cross-

examination was conducted on these aspect of the matter. It is

well-established law that if a material point is not challenged in

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cross-examination, it is presumed that the same has been

admitted.

27. An important point in the case is that according to PW-8, Dr.

Arun, accused "B" was considered incapable of sexual intercourse.

However, accused "B" did not cross-examine the victim on the

aspect that he was incapable of having sexual intercourse.

Furthermore, in her examination-in-chief, the victim used the

words "wrongdoing" and "rape." The "victim" was not cross-

examined as to what she meant by stating "wrongdoing" or

"rape," nor was she confronted with any suggestion regarding

incapacity.

28. The "victim" sworn statements regarding the sexual assault

and the manner in which she was raped were sufficient without

the necessity of corroboration. In relation to the said video, the

evidence of PW-3 Daksha, PW-4 Dilip, PW-16 Kanya, and PW-10

Ramchandra, who issued the certificate under Section 65B of the

Evidence Act, is important. PW-3 stated that she met the "victim"

in Nadol in March 2023. The "victim" told her that her father was

doing wrong things to her. Initially, she did not believe her, but

after the "victim" cried, she advised her to record the incident.

The "victim" recorded the video and sent it to her elder sister

Kanya. Kanya came to Desuri two days later and she saw the

video on Kanya's phone. PW-4 Dilip stated that the "victim"

disclosed that her father was doing wrong things and that she

recorded a video on advice. He saw part of the video and gave his

mobile phone to the police. PW-16 Kanya stated that the "victim"

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sent her a video six to seven months prior. After watching it, she

forwarded it to her younger brother Dilip, after which, the victim

was brought to their home. She described it as an indecent video

of the "victim" and her father "B". PW-10 Ramchandra stated that

the mobile phone (Exhibit P-13) was produced before him; the

video was transferred to a pen drive through the police station

computer without tampering; the phone was in working condition;

it was sealed and marked; and he issued a certificate under

Section 65B (Exhibit P-30). He further stated that the mobile

phone of accused Mithun Khan was seized through Exhibit P-35

and sealed in his presence. The signatures were duly identified.

29. During the course of arguments, we have also played the

video recorded by the victim (Article-2 i.e. Pendrive) on laptop and

seen the alleged video committing sexual assault by the accused

'B' upon the victim. After viewing the said video, we are firmly of

the opinion that the accused 'B' was not incapable of performing

sexual intercourse. It is evident from the video that the accused

'B' committed sexual assault upon the victim and was capable of

engaging in sexual intercourse. Therefore, the argument advanced

by the learned counsel for the accused-appellant that accused 'B'

is an impotent person holds no merit and is of no avail to the

accused-appellant.

30. If all the above evidence is reviewed together with the

statement of "victim" (PW-2) regarding the recording of the video,

it appears that the "victim" recorded a video of her father

committing sexual assault upon her. No effective cross-

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examination was conducted to raise doubt regarding the

authenticity of the video. Ramchandra PW-10 stated that the video

was transferred without tampering, and this was confirmed by PW-

13 Mukesh, the Investigating Officer.

31. The "victim" is the only daughter of her parents. She has no

siblings, and her mother, after remarriage, shifted to Mumbai to

reside with another man. Consequently, the "victim" was residing

alone with her father - the 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 the accused-

appellant was her own father and sole guardian. It is extremely

difficult for a 14-year-old girl to muster the courage to lodge a

complaint against her own father, upon whom she was dependent

for shelter and survival. Despite these constraints, the "victim"

ultimately confided in her cousin and her brother regarding the

incident. Therefore, the delay in reporting and the initial non-

disclosure of the offence appear natural and fully explained, and

such delay does not in any manner weaken the prosecution case.

In cases of sexual assault, it is well-settled that if the testimony of

the "victim" is found to be credible, trustworthy, and of sterling

quality, conviction can be based solely upon her evidence without

the necessity of corroboration. In the present case, there is

nothing on record to suggest that the "victim" harboured any

personal grudge or animosity against her own father. On the

contrary, the evidence reflects that he was her only support

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system. It is inconceivable that a minor daughter would falsely

implicate her own father in such a grave offence unless the crime

had, in fact, occurred. The courage shown by the victim in

recording the video of the incident further strengthens her

credibility.

32. This view finds support in the judgment of the Hon'ble

Supreme Court in Pramod Dey Vs. State of West Bengal (AIR

2012 SC 1598), wherein it was held that if the evidence of the

victim/prosecutrix is found wholly reliable, the absence of FSL

report cannot be a ground to discard her testimony. Similarly, in

Wahid Khan Vs. State of Madhya Pradesh (AIR 2010 SC 1),

it was held that corroboration of the victim's evidence is not

necessary if her testimony inspires confidence, and even minimal

penetration is sufficient to constitute sexual assault. Further, in

State of Madhya Pradesh v. Dayal Sahu (AIR 2005 SC

3570), the Hon'ble Supreme Court reiterated that conviction can

be based solely on the testimony of the victim/prosecutrix if it is

credible, and minor contradictions cannot be a ground to reject

her evidence.

33. Applying the aforesaid settled principles to the facts of the

present case, this Court finds that the evidence of PW-2, the

"victim", is wholly credible and inspires full confidence. There are

no material contradictions, corrections, or omissions in her

testimony. She has given a clear, cogent, and consistent account

of the repeated acts of sexual assault committed upon her. The

absence of effective cross-examination on the core allegations

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further strengthens the probative value of her testimony. The

electronic evidence in the form of the video recording corroborates

her version. Accordingly, on the basis of the oral, documentary,

and electronic evidence brought on record, this Court holds

accused "B", son of Chataram, aged 52 years committed repeated

sexual assault on her minor daughter.

34. It has been established that the accused-appellant, being the

biological father of the victim, was under a sacred and moral duty

to protect, nurture, and safeguard her. Instead, he repeatedly

violated her bodily integrity and dignity over a prolonged period

when she was merely 14 years old. Such conduct is not only

criminal, but strikes at the very foundation of familial trust and

societal morality. No daughter can ever anticipate that her own

father would become the perpetrator of such trauma, thereby

casting a permanent shadow upon her future.

35. Sexual offences, particularly those committed against

children, inflict injuries that extend far beyond the immediacy of

the physical act. The harm is not confined to bodily violation; it

penetrates deeply into the psychological and emotional fabric of

the victim, corroding trust, destabilizing security, and assaulting

the very core of human dignity. When such an offence is

perpetrated by the father--the person whom law and nature alike

recognize as the child's guardian and protector--the crime

assumes an aggravated and abhorrent dimension. It ceases to be

a mere infraction of penal provisions and becomes a profound

betrayal of the most sacred and foundational human relationship.

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36. Crimes of this nature demand the sternest judicial response.

The imposition of punishment must be proportionate to the gravity

of the 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 the

justice delivery system but would amount to a failure of the

constitutional and statutory duty cast upon courts to protect

children from sexual exploitation.

37. The foundational ethos of our civilization finds expression in

the timeless verse:-

"यत्र नार्यस्तु पूज्यन्ते रमन्ते तत्र दे वताः ।

यत्रैतास्तु न पूज्यन्ते सर्वास्तत्राफलाः क्रियाः ॥"

- Where women are honoured, divinity flourishes; where they are dishonoured, all acts become fruitless.

38. This principle is not merely cultural rhetoric; it resonates

profoundly with the constitutional guarantees of dignity, equality,

and life under Articles 14, 15, and 21 of the Constitution of India.

The dignity of women and children is inviolable. The justice

system cannot countenance repeated violations of that dignity

under the guise of misplaced sympathy or technical pleas.

39. The anguish of victims of such crimes echoes far beyond the

courtroom. As poignantly reflected:-

"आज भी वातावरण में करुण पुकारों की प्रतिध्वनि सुनाई दे ती है ;

इस समाज की अनेक बे टियाँ भीतर ही भीतर पीड़ा सहते हुए जीवन

व्यतीत कर रही हैं ।

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समाचारों की सुर्खि याँ फिर किसी अस्मिता के रौंदे जाने की कथा

कहें गी; किसी मासूम के रक्त से समाज का माथा पुनः कलं कित

होगा। और वह अबोध प्रश्न फिर हवा में तैरता रहे गा--'मेरा अपराध

क्या था? क्या केवल बे टी होना ही मेरा दोष है ?'

जब सभ्यता के आवरण में छिपी दरिं दगी खुलेआम विचरती हो, जब

मानवता का चेहरा ओढ़े भेड़िए निर्भीक घूमते हों, तब नारी के लिए

जीवन का प्रत्येक कदम भय से घिर जाता है । कब तक उसकी

गरिमा यूँ ही तार-तार होती रहे गी? कब वह समय आएगा जब इस

समाज की राहें , गलियाँ और चौखटें सचमुच बेटियों के लिए सुरक्षित

होंगी?

यह केवल एक पीड़िता की वेदना नही,ं बल्कि समूचे समाज की

अंतरात्मा पर लगा प्रश्न है --क्या हम वह वातावरण निर्मित कर पाएँ गे

जहाँ बे टी होना अपराध नही,ं सम्मान का प्रतीक होगा?"

40. The above reflection underscores that the issue is not

confined to an individual prosecution; it concerns the moral

conscience of society and the obligation of courts to uphold the

dignity and security of the girl child.

41. After giving thoughtful consideration to the rival submissions

advanced by the learned counsel for the prosecution and the

defence, and upon a comprehensive and careful evaluation of the

entire oral, documentary, and electronic evidence brought on

record, this Court is satisfied that the prosecution has proved

beyond reasonable doubt that the accused "B" committed sexual

assault upon his minor daughter "Bh." The evidence of the victim

has been found to be consistent, cogent, and trustworthy, and it

inspires full confidence of the Court. The same stands supported

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by the surrounding circumstances and other material on record.

The defence has not been able to elicit any material contradiction

or infirmity so as to create a reasonable doubt regarding the

culpability of the accused.

42. The act committed by the accused-appellant is not merely

grave in terms of the penal provisions attracted; it represents a

profound violation of trust and responsibility. The accused was the

biological father of the victim--the very person who, by law and by

nature, was entrusted with the duty to protect, nurture, and

safeguard her physical and emotional well-being. Instead of

discharging that solemn obligation, he abused his position of

authority and dominance to exploit the vulnerability and innocence

of his minor daughter. Such conduct constitutes a complete and

reprehensible betrayal of the most sacred and natural relationship

between a father and daughter.

43. The seriousness of the offence is further aggravated by the

tender age of the victim, who was legally incapable of giving

consent, and by the repeated breach of her bodily integrity and

dignity. The offence strikes not only at the individual victim but

also at the foundational values of familial trust and societal

morality. It amounts to a gross violation of the constitutional

guarantee of dignity and personal liberty.

44. Accordingly, this Court records a clear finding that the guilt

of the accused-appellant stands established beyond reasonable

doubt, and the prosecution has proved its case in its entirety.

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45. Accordingly, in view of the established evidence and the

gravity of the offence proved, this Court records its considered

finding that the act committed is of the most serious nature,

warranting firm judicial condemnation and proportionate

punishment in accordance with law.

46. Recently, the Hon'ble Supreme Court in the case of Bhanei

Prasad @ Raju Vs. State of Himachal Pradesh reported in

2025 INSC 934 in somewhat similar circumstances has held as

under:-

"13. When a father who is expected to be a shield, a guardian, a moral compass, becomes the source of the most severe violation of a child's bodily integrity and dignity, the betrayal is not only personal but institutional. The law does not, and cannot, condone such acts under the guise of rehabilitation or reform. 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. The home, which should be a sanctuary, cannot be permitted to become a site of unspeakable trauma, and the courts must send a clear signal that such offences will be met with an equally unsparing judicial response. To entertain a plea for leniency in a case of this nature would not merely be misplaced, it would constitute a betrayal of the Court's own constitutional duty to protect the vulnerable. 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.

14. In such exceptional circumstances, this Court cannot rest content with the imposition of penal consequences alone. The arc of constitutional justice, particularly under Article 142, extends beyond punishment to encompass rehabilitation, reparation, and the affirmation of human dignity. As held in Nipun Saxena v. Union of India1, this Court accepted

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       and     directed   the    implementation      of   the

"Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018" framed by the National Legal Services Authority. Under the said Scheme, the maximum compensation prescribed for victims of rape is Rs.7,00,000/- (Rupees Seven Lakhs Only) which is to be enhanced by 50% in cases involving minor victims.

15. Having regard to the age of the victim at the time of the offence, the sustained nature of the abuse, and the constitutional obligation to provide meaningful redress, we direct that a sum of Rs.10,50,000/- (Rupees Ten Lakhs and Fifty Thousand only) be paid to the victim as compensation as per the Scheme by the State of Himachal Pradesh in the peculiar facts of the case. Though the victim has now attained the age of majority, we are of the considered view that in order to protect her future interest, some amount if ordered to be kept in a fixed deposit, it would secure her best interest. Hence, we direct that a sum of Rs.7,00,000/- (Rupees Seven Lakhs Only) be kept in a fixed deposit in any nationalised bank for a period of 5 years in the name of the victim and she would be entitled to withdraw the quarterly interest. The balance, Rs.3,50,000/- (Rupees Three Lakhs and Fifty Thousand Only) shall be paid to her by transferring the said amount to her account, the details of which shall be furnished by her to the Member Secretary, Himachal Pradesh State Legal Services Authority. It is needless to state that on maturity of the fixed deposit, the proceeds thereof shall be transferred to her account, and this process shall be monitored by the Himachal Pradesh State Legal Services Authority.

16. This Court reiterates that justice must not be limited to conviction, it must, where the law so permits, include restitution. In awarding this compensation, we reaffirm the constitutional commitment to protect the rights and dignity of child survivors, and to ensure that the justice delivered is substantive, compassionate, and complete."

47. In view of the discussions made above, we find this is a fit

case for awarding compensation under the Compensation Scheme

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for "Women Victims/ Survivors of Sexual Assault/Other Crimes,

2018" framed by the National Legal Services Authority. Under the

said scheme, the maximum compensation prescribed for victims of

rape is Rs.7,00,000/- (Rupees Seven Lakhs Only). We therefore

direct the State of Rajasthan to pay a sum of Rs.7,00,000/-

(Rupees Seven Lakhs Only) to the victim as compensation

pursuant to the Scheme of 2018.