According to a recent ruling by the kerala high court, penetrative sexual assault under the Protection of Children from Sexual Offenses (Pocso) Act does not always need the penetration of a penis into the vagina. A court made up of Justices PB suresh Kumar and Jobin Sebastian explained that penetration encompasses even the smallest physical touch with the victim's external genitalia, such as the vulva or labia majora, and is not limited to complete vaginal penetration.

"In other words, penetration of the male genital organ within the labia majora or the vulva, with or without any emission of semen or even an attempt at penetration into the private part of the victim completely, partially, or slightly, would make out the offense of penetrative sexual assault under the Pocso Act as well," the Bench and Bar cited the court's ruling.
 
While incarcerating a person convicted of sexually abusing a 4-year-old girl, the court made these observations.

By claiming that the victim's testimony was untrustworthy and that there was no concrete medical evidence of penetration, the accused went to the high court to contest his conviction by a lower court.  He even asserted that the prosecution had not shown penetration, citing medical findings that said the victim's hymen was intact.
 
However, the high court dismissed this claim, ruling that rape or penetrative sexual assault were nonetheless crimes even in the absence of hymenal rupture.
 
 At his home in Kasargod, the accused sexually abused and raped a little girl on many occasions.  The child's complaint of genital pain to her mother prompted a hospital check, after which the authorities notified the police, bringing the crime to light.
 
 The trial court found the accused guilty and sentenced him to life in prison and a fine of Rs 25,000.
 
 

 
 
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Kerala High Court

SIBY JEYYA

25/02/2025 09:10 AM