Landmark Judgment Law Insider (1)

Published on: 28 October 2022 at 10:22 IST

Court – High Court of Delhi

Citation – Rais v. State (NCT of Delhi) (2020)

Hon’ble High Court of Delhi has held that even an abrasion on vulva would constitute as an offence under the Section 6 of the Protection Of Children from Sexual Offences Act, 2012 (POCSO). It is held that the extent of penetration is not important to prove the penetrative sexual assault, even a small abrasion on the Labia Majora, Labia Minora and/or fourchette of the Prosecutrix is sufficient to justify the Section 6 of the Protection Of Children from Sexual Offences Act, 2012 (POCSO) or Section 376(2) of the Indian Penal Code 1860.

Para – 13

Dr. Rashmi Verma, SR Gynae Sanjay Gandhi Hospital, Delhi deposed as PW-10. She deposed that she had been deputed by M.S. SGM Hospital in case of Dr. Asha Nagpal who was, at the material time, the SR Gynae at the said hospital. Dr. Nagpal had left the hospital without any forwarding address. PW-10 deposed that as per ‘N’s MLC, no external injuries were found. There were, however, abrasions on her vulva but the hymen was intact.

In her cross-examination, she deposed that the abrasions on ‘N’s vulva could also be caused by scratching. She denied that there would be wide spread damage to her labia majora, labia minora, fourchette and hymen on committing penetrative assault. She deposed that such damage can occur only if there is complete penetrative assault.

Para – 27

It is apparent from the plain language of Clause (a) of Section 3 of POCSO that penetration “to any extent” would constitute penetrative sexual assault. Thus, although the medical evidence obtaining in this case does not indicate that there was a complete penetrative assault, the same does not absolve the accused from committing a penetrative assault as described by the victim.

Drafted By Abhijit Mishra

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