New Delhi | August 2025 

The Supreme Court has delivered a firm and emotionally resonant judgment, upholding the life imprisonment of a man convicted under the POCSO Act for the repeated rape of his minor daughter, declaring that “incestuous sexual violence committed by a parent warrants the severest punishment known to law.”

 

A two-judge bench comprising Justice Aravind Kumar and Justice Sandeep Mehta dismissed the appeal filed by the accused against his conviction and sentence awarded by the Trial Court and upheld by the High Court.

 

“When the very person who is supposed to be the guardian and protector of a child becomes the predator, the offence assumes the most condemnable form of sexual violence,” the bench remarked in its judgment.

 

The appellant was convicted for repeatedly sexually assaulting his minor daughter over a period of time. The Trial Court had sentenced him to life imprisonment, which was later affirmed by the High Court. The father approached the Supreme Court challenging the conviction and the sentence, alleging that the victim’s testimony was inconsistent and that the sentence was excessive.

 

However, the apex court found no merit in the appeal and held that the victim’s testimony was consistent, credible, and sufficient for conviction even without corroboration, in line with settled principles of law in POCSO cases.

 

The Supreme Court made several noteworthy observations in this ruling:

• Breach of Sacred Trust: The Court emphasized that incestuous abuse is a “deep betrayal” that destroys the sanctity of the parent-child relationship.

• Need for Deterrence: The bench observed that such acts create lifelong trauma and must be punished with utmost severity to deter such conduct and uphold the faith of society in the justice system.

• Cultural Ethos Cited: The Court quoted the Manusmriti, stating:

“Yatra naryastu pujyante ramante tatra Devata” – meaning, “where women are respected, divinity blossoms,” highlighting the cultural and moral foundation for protecting women and children.

• Constitutional Mandate: The Court added that the Constitution guarantees dignity, safety, and equality to all, especially vulnerable minors. Sexual assault by a parent not only violates legal boundaries but undermines fundamental human values.

 

The judgment reasserts the legal principle that in POCSO cases, if the testimony of the child victim is found to be natural, cogent, and trustworthy, it alone is sufficient for conviction. The Court urged all trial and appellate courts to remain sensitive to the trauma and power dynamics involved in such cases.