Any act that would involve touching the private parts/genitalia of a child with a sexual intent. Amount to a sexual assault: Punjab and Haryana High Court

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The Punjab & Haryana High Court recently observed that misplaced sympathy while sentencing persons for offences under the Protection of Children from Sexual Offences Act (POCSO Act) would defeat the objective and purpose of the law.

The observed while confirming the conviction against the petitioners under Section 377 (unnatural offences) of the Indian Penal Code and Section 10 (Aggravated sexual assault) of the POCSO Act.

“Considering that the victim happens to be a child of only 08 years as on the date of occurrence, his dignity having been violated by sheer brute force, I am not inclined to accept the said submission as well and reject the same.”

The High Court rejected these arguments while finding that penetration is not sine qua non (an essential condition) for attracting the penalty of sexual assault.

“Any act that would involve touching the private parts/genitalia or primary/ secondary sexual characteristics of a child with a sexual intent involving physical contact without penetration would amount to a sexual assault,” the Court held.