The Nagpur bench of the Bombay High Court has dismissed the appeal of a 38-year-old truck driver from Hinganghat in Wardha district, upholding his conviction and 10-year sentence for attempting to sexually assault two girls aged five and six.
The court reaffirmed that even minimal penetration constitutes rape, and consent is irrelevant when the survivor is a minor. The accused had lured the children with guavas, shown them obscene videos, and attempted sexual assault. He was convicted under Section 6 of the POCSO Act and Section 376(2)(i) read with Section 511 of the IPC, and fined ₹50,000.
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Justice Nivedita Mehta emphasized that “the act of rape or aggravated penetrative sexual assault stands complete as soon as the accused inserts any body part into the survivor’s private parts — the extent of penetration being immaterial in law.”
The bench noted that the prosecution had proven its case beyond reasonable doubt, despite medical examinations conducted more than 15 days after the incident showing no visible injuries due to the children’s tender age. The survivors’ and their mother’s consistent statements were corroborated by medical and forensic evidence.
The accused’s claims of false implication due to family enmity and lack of corroboration were rejected. The court also highlighted that threats made by the accused explained the delay in filing the FIR.
Additionally, the High Court clarified a legal error in the trial court’s sentencing. While the trial court had relied on amended POCSO provisions from 2019 prescribing a minimum 20-year sentence, Justice Mehta ruled that sentencing must follow the law in force at the time of the 2014 offence. The 10-year rigorous imprisonment, therefore, remained appropriate.
(This story is published from a syndicated feed)
