Touching private parts is also rape: High Court said – the statement of minor victims is enough

In an important ruling, the Nagpur bench of the Bombay High Court has ruled that touching a child with sexual intent constitutes rape. The court stated that the statements of minor victims can be considered sufficient evidence in such cases.

38-year-old accused's plea dismissed

This case is from Hinganghat in Wardha district, Maharashtra. The accused, a driver by profession, was accused of sexually assaulting two girls aged 5 and 6. The court rejected his plea and upheld his sentence of 10 years of rigorous imprisonment and a fine of 50,000 rupees.

Girls were lured with guavas and shown pornographic videos.

Investigation revealed that the accused lured the girls with guavas and then showed them pornographic videos. He then attempted to sexually assault them. A case was registered against him under the POCSO Act and sections 376(2)(i) and 511 of the Indian Penal Code.

Touching a child with sexual intent also amounts to rape: Court

Justice Nivedita Mehta stated in her judgment that touching a minor victim with sexual intent, or engaging in indecent acts with her, falls within the definition of rape.
She added, "If a child is touched with sexual intent or an attempt is made to have sexual intercourse with her, it is a serious offense under POCSO." The court stated that even though a medical examination conducted 15 days after the incident revealed no physical injury, this does not absolve the crime. The victim's statement, her mother's testimony, and forensic evidence clearly indicate that the accused attempted sexual assault.

The accused's plea was rejected

The accused argued in court that he had been falsely implicated due to a long-standing rivalry with the victim's family.
However, the court rejected this argument, stating that the girls' statements were consistent and truthful, which could not be ignored.

Court's stance on punishment

The Justice stated that the incident occurred at a time when the POCSO Act provided for a 10-year sentence. However, an amendment to the law in August 2019 provided for a minimum sentence of 20 years. Despite this, the Court held that a 10-year sentence in this case was sufficient and justified. This decision makes it clear that any form of sexual activity or molestation against children cannot be taken lightly. This Court's decision sends a message to society that the safety of children is paramount, and any form of obscenity or physical touching will be considered a crime.

PC: Punjab Kesari