Legal provision involved: Section 7, 8 and 42 of POCSO Act, Section 354 and 354A of IPC
Judgement by: Bombay High Court
Judge/Bench: Justice Nivedita P Mehta
Facts
A man was convicted for the sexual assault of a 13-year-old girl under the POCSO Act and the Indian Penal Code. The accused repeatedly approached the minor, offering her money for sexual activity, and on one occasion, physically held her hand while making a sexually explicit request. The minor reported the incident, leading to his conviction and imprisonment.
Key legal provisions involved
- Section 7 and Section 8 of the Protection of Children from Sexual Offences Act, 2012
- Sections 354 and 354A of the Indian Penal Code (Section 74 and and 75 of BNS, 2023)
- Section 42 of the POCSO Act.
Issues raised
- Whether minimal physical contact accompanied by a sexual proposal amounts to “sexual assault” under Section 7 of the POCSO Act?
- Whether the conviction could be sustained on the sole testimony of a child without independent corroboration?
Arguments of the case
The defence argued there was no clear sexual intent and highlighted inconsistencies, lack of technical evidence, and a hostile witness. The prosecution maintained that the child’s testimony was credible, consistent, and supported by immediate disclosure and surrounding circumstances.
Judgement
The Bombay High Court upheld the conviction, emphasizing that sexual intent, not the extent of physical contact, defines the offence under Section 7. It ruled that credible testimony from a child victim is enough for conviction, affirmed the POCSO Act’s stricter punishment, and denied probation due to the offence’s seriousness.
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