The Delhi High Court held that under the POCSO Act, a Light Touch Is Not “Manipulation” For Penetrative Sexual Assault
Title: Shantanu v. The State
Decided on: 06 November, 2023
+ CRL.A 160/2021 & CRL.M (BAIL) 121/2023
CORAM: Hon’ble Justice Amit Bansal
Introduction
According to Section 3(c) of the POCSO Act, a mere physical touch cannot be used as manipulation to commit the crime of penetrative sexual assault, the Delhi High Court decided on Monday.
Facts of the Case
In August of 2016, the victim’s father called the police on August 8th, 2016, reporting that his six-year-old daughter had been sexually assaulted. The victim told the police that when she was at tuition on August 5, 2016, the appellant—the brother of her tuition teacher—touched her anus with his finger, causing her excruciating pain. The victim told her mother about the agony she was in after the incident at the tutoring. The victim went to the Aruna Asaf Ali Hospital with her parents and a police officer, where a medical examination was performed and an MLC was written. Following that, on August 8, 2016, the police drafted a Rukka with the purpose of filing a formal complaint after recording the victim’s statement. Following the appellant’s detention on August 9, 2016, an investigation resulted in the filing of the chargesheet.
Courts analysis and decision
The appellant’s offense under Section 6 of the POCSO Act has not been shown beyond a reasonable doubt, the court said. However, the appellant is proven guilty beyond a reasonable doubt of the offense under Section 10 of the POCSO Act. As a result, the appeal is partially granted and the challenged judgment is changed such that the appellant is found guilty under Section 10 of the POCSO Act rather than Section 6 of the POCSO Act. According to Section 10 of the POCSO Act, the appellant faces a severe five-year jail sentence for the offense. The Trial Court’s award of Rs. 5,000/-a fine is kept.
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Written by- Hargunn Kaur Makhija