Apex court to examine whether man be tried under POCSO in rape case
The Supreme Court has agreed to examine a complex legal question as to whether a man accused of sexually assaulting a woman having an IQ of a minor can be tried under stringent POCSO law which provides life term for persons convicted for raping minors.
The Protection of Children from Sexual Offences (POCSO) Act is applicable in cases where victims are minors and convicts do not get away with lighter jail terms as the minimum sentence is life imprisonment.
A bench comprising justices Dipak Misra and Shiva Kirti Singh sought response from the Centre and Delhi Police on a plea filed against a Delhi High Court order refusing the submissions that the alleged rapist of the 38-year-old woman, suffering from cerebral palsy, be tried under POCSO Act.
The woman's mother, a reputed medical practitioner, alleged that her daughter had a mental age of 8 years at the time of commission of the offence and later this came down to three-four years after she suffered the trauma of rape.