The Kerala High Court has ruled that for an offence to be considered penetrative sexual assault under the Protection of Children from Sexual Offences (Pocso) Act, the entry of a penis into the vagina is not mandatory.
A judicial bench, comprising Justices PB Suresh Kumar and Jobin Sebastian, specified that penetration isn’t limited to complete vaginal entry. It also includes any minimal physical interaction with the victim’s external genitalia, including the labia majora or vulva.
“In other terms, the penetration of the male genital organ within the labia majora or vulva, regardless of whether semen is emitted or even if there is only an attempt to penetrate the victim’s private parts partially, completely, or slightly, constitutes penetrative sexual assault under the Pocso Act,” cited the court.
These observations were made during a case where an individual was convicted of sexually assaulting a 4-year-old girl.
The accused contested his conviction in the High Court, asserting that the victim’s testimony was unreliable and there was no definitive medical evidence of penetration. He referenced medical reports indicating that the victim’s hymen was intact and argued that the prosecution had not proven penetration. However, the High Court dismissed this argument, emphasizing that the lack of hymenal rupture does not invalidate the offence of rape or penetrative sexual assault.
The accused had repeatedly raped and sexually assaulted a minor girl, who was his neighbor, at his home in Kasargod. The incident came to light when the child reported genital pain to her mother, leading to a hospital examination and subsequent police involvement.
The trial court found the accused guilty, sentencing him to life imprisonment and imposing a fine of ₹25,000.
(With Inputs From India Today)
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