In a significant ruling, the Kerala High Court has clarified the scope of "penetrative sexual assault" under the Protection of Children from Sexual Offences (POCSO) Act, stating that full penile penetration is not necessary to constitute the offense. The court emphasized that even the slightest contact with the external genitalia of a child qualifies as penetrative sexual assault. This interpretation aligns with the legislative intent to provide comprehensive protection to children against all forms of sexual exploitation.
The case involved a man convicted of sexually assaulting a 4-year-old girl. The accused contended that the absence of full penile penetration and an intact hymen negated the charge of rape. However, the High Court dismissed these arguments, underscoring that penetration, as defined under the POCSO Act, includes even minimal contact with the child's external genitalia. The court stated that requiring complete penile-vaginal entry would undermine the protective purpose of the Act.
This ruling reinforces the POCSO Act's comprehensive approach to safeguarding children from sexual offenses, ensuring that perpetrators cannot evade liability based on technicalities regarding the extent of physical contact.
