Source: Delhi High Court

Why in News?

Recently, the Delhi High Court in the matter of Shantanu v. The State held that for the offence of penetrative sexual assault under the provisions of Section 3(c) of Protection of Children from Sexual Offences Act, 2012 (POCSO), a simple act of touch cannot be considered as manipulation.

What was the Background of Shantanu v. The State Case?

• On 5^th August 2016, when the six-year-old victim had gone for tuition, the appellant, who is the brother of her tuition teacher, touched her anus with his finger, and it caused her severe pain. The victim informed her mother about the incident at the tuition and the resulting pain.
• The appellant was convicted by the Trial Court for the offences punishable under Section 376 of the Indian Penal Code, 1860 (IPC) and Section 6 of the POCSO.
• Thereafter, an appeal was filed before the High Court of Delhi.
• The appeal is partially allowed, and the impugned judgment is modified to the extent that instead of Section 6 of the POCSO Act, the appellant stands convicted under Section 10 of the POCSO.

What were the Court’s Observations?

• Justice Amit Bansal observed that a simple act of touch cannot be considered to be manipulation under Section 3(c) of the POCSO Act. It is relevant to note that under Section 7 of the POCSO Act, touch is a separate offence.
• The Court further held that Section 3(c) of the POCSO Act shows that for an act to be a penetrative sexual assault, the accused must manipulate any part of the body of the child so as to cause penetration. There is nothing in the present case to show that there was any manipulation on any part of the body of the victim so as to cause penetration.

What are the Relevant Legal Provisions Involved in it?

• Section 3(c) of the POCSO Act:
  • This Section states that a person is said to commit penetrative sexual assault if he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of body of the child or makes the child to do so with him or any other person.
  • Sexual Assault has been defined under Section 7 of the POCSO Act.
    • Section 7 of this Act states that whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.
• Section 6 of the POCSO Act:
  • Section 6 of this Act deals with the punishment for aggravated penetrative sexual assault. It states that -

(1) Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine, or with death.

(2) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.

• Section 6 of this Act defines Aggravated penetrative sexual assault.
• Section 10 of the POCSO Act:
• Section 10 deals with the punishment for aggravated sexual assault.
• It states that whoever commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine.
• Section 9 of this Act defines aggravated sexual assault.