NEW DELHI: Making a small child touch one’s private parts with sexual intent is aggravated sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, the Delhi High Court has held.
Justice Neena Bansal Krishna passed the verdict while dismissing a man’s appeal against his conviction and sentence under Section 10 (punishment for aggravated sexual assault) of POCSO for flashing his private part before a girl aged around four years and making her touch it.
Under POCSO, sexual assault on a child below twelve years of age amounts to aggravated sexual assault.
The appellant, a tenant in the minor’s house, was convicted by the trial court in July 2024 and consequently sentenced to seven years’ rigorous imprisonment.
The incident took place in June 2022.
“Making a small child touch the private part with sexual intent amounts to aggravated sexual assault and therefore, the offence under Section 10 POCSO Act, was established,” the court held.
“There is no merit in the Appeal, which is hereby dismissed along with pending Applications, if any,” it ordered.
In the judgment passed on January 5, the court rejected the accused’s claim of the survivor being tutored and lack of incriminating evidence against him, as it held
that the core allegation of sexual assault remained consistent in the survivor’s testimonies and minor variations in expression did not affect her credibility.
It also observed that counselling by the DCW counsellor, as per the legal mandate