The Kerala High Court upheld a life sentence for a man convicted of sexually assaulting a 4-year-old, clarifying that even minor contact with external genitalia constitutes penetrative sexual assault under POCSO.
Kerala: The Kerala High Court has reaffirmed the broad scope of penetrative sexual assault under Section 3 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). In a landmark judgment, a division bench comprising Justices PB Suresh Kumar and Jobin Sebastian upheld the conviction of a man for sexually assaulting a 4-year-old girl, clarifying that penetration need not be full vaginal penetration but includes even the slightest contact with the external genitalia.
The case arose from a disturbing crime in Kasargod, where the accused, a neighbor of the minor victim, was found guilty of repeated sexual assault. The crime was exposed when the child complained of genital pain, prompting her mother to seek medical attention. The attending doctor suspected sexual abuse and reported it to the authorities, leading to the registration of a case.
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The accused faced charges under multiple sections of the Indian Penal Code (IPC) and the POCSO Act, including:
- Section 376AB IPC (Punishment for rape of a girl under 12 years)
- Section 5(m) POCSO Act (Aggravated penetrative sexual assault)
- Section 6 POCSO Act (Punishment for aggravated penetrative sexual assault)
- Provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
The trial court in Kasargod, relying on the victim’s testimony and medical evidence, found the accused guilty and sentenced him to life imprisonment along with a fine of Rs 25,000.
The accused challenged his conviction in the Kerala High Court, arguing that:
- The victim’s testimony was unreliable.
- There was no conclusive medical proof of penetration.
- The victim’s hymen was intact, which, according to him, negated the claim of rape.
The High Court rejected these arguments, emphasizing that the absence of hymenal rupture does not negate the offence of rape or penetrative sexual assault.
The Court clarified that under IPC and POCSO, penetration does not require complete penile insertion but includes penetration within the labia majora or vulva (external female genitalia). The bench stated:
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“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 offence of penetrative sexual assault under the POCSO Act as well.”
The Court further noted that requiring full penile vaginal entry would defeat the protective intent of POCSO, which aims to safeguard children from all forms of sexual exploitation.
Additionally, the victim’s testimony was deemed credible and did not require additional corroboration, as there was no evidence of any false implication.
While dismissing the appeal, the Court modified the life sentence to 25 years of rigorous imprisonment.
Advocates TG Rajendran and TR Tarin appeared for the accused, while Public Prosecutor Bindu OV represented the State.
This judgment reinforces the broad interpretation of sexual offences under POCSO, ensuring that even the slightest act of penetration or sexual contact with a minor is punishable under law, strengthening protection for children against sexual abuse.
Case Title – Raveendran v. Deputy Superintendent of Police & anr
Read the Judgement here:
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