If the girl is under 12 years, then the offence would be of ‘aggravated penetrative sexual assault’, a Bench of Justices MR Shah and BV Nagarathna said.
The Court, therefore, upheld the conviction of a 75-year-old man who was accused of inserting his finger into the vagina of a 4-year-old.
“In the present case, it has been established and proved that the accused penetrated his finger in the vagina and because of that the victim girl felt pain and irritation in urination as well as pain on her body and there was redness and swelling around the vagina found by the doctor. We are of the opinion that therefore the case would fall under Section 3(b) of the POCSO Act and it can be said to be penetrative sexual assault and considering Section 5(m) of the POCSO Act as such penetrative sexual assault was committed on a girl child aged four years (below twelve years) the same can be said to be ‘aggravated penetrative sexual assault’ punishable under Section 6 of the POCSO Act,” the Court held.
The Court was hearing an appeal of an accused who was convicted for luring a four-year-old and inserting his finger into her vagina, till he was caught red-handed and arrested by the police.
The accused was 65 years old at the time of commission of the offence.
Source: Barandbench
