Bombay HC: Touching Child's Private Parts with Sexual Intent sufficient to attract POCSO Act, Absence of Injury not relevant

Bombay HC: Touching Child's Private Parts with Sexual Intent sufficient to attract POCSO Act, Absence of Injury not relevant


Case Title: Ramchandra Shrimant Bhandare V. State of Maharashtra 


According to the Bombay High Court, it is not necessary to present a medical certificate proving an injury in order to be charged with sexual assault under section 7 of the POCSO Act when touching a child's privates with sexual intent.


"The absence of injury mentioned in the medical certificate will not make any difference to her case because the very nature of the offence of sexual assault defined under Section 7 of the POCSO Act mentions that even touching a private part with sexual intent is sufficient to attract the provisions of Section 7 read with Section 8 of the POCSO Act."


The guy who was found guilty in 2013 of sexually assaulting a young child had his appeal rejected by Justice Sarang Kotwal. He was found guilty of offences under sections 354 of the Indian Penal Code (IPC) (attack or criminal force to a lady with the purpose to outrage her modesty) and section 8 of the POCSO Act (sexual assault) in November 2017 by the special POCSO. He received a five-year jail term with hard labour. According to the prosecution, the guy took up the child as she was playing with her pals outside the house, and groped and squeezed her private areas. The mother went to the police and filed a complaint. A record of the victim's statement was made in accordance with CrPC section 164.


After a dispute and a two-day delay in filing the FIR, the accused claimed that the girl's father had wrongly implicated him. He asserted that the case was particularly questionable because the victim's body showed no signs of injuries.

The bench stated, "The victim has sufficiently detailed the incidence. It looks like the victim is a reliable witness. There was no chance that the victim misidentified the appellant."


Furthermore, sexual assault as defined by section 7 of the POCSO Act was established even in the absence of physical injuries using medical evidence.


"In this case, the ocular evidence of the victim and her mother inspires confidence and there is no reason to doubt their versions. The defence of the appellant does not really help his cause. Thus, considering all these aspects, no case for interference with the impugned judgment and order is made out. The appeal is, therefore, dismissed."