Introduction:

In a significant ruling, the Bombay High Court denied bail to a man accused of sexually assaulting his nieces, emphasizing that even the slightest touch with sexual intent constitutes penetrative sexual assault on a minor under Section 4 of the Protection of Children from Sexual Offences Act (POCSO). Justice Prithviraj Chavan interpreted the phrases ‘inserts or penetrates to any extent’ to include touching of reproductive organs, challenging traditional views on the severity of penetration required for legal consequences. The case involves disturbing allegations of sexual abuse, including the accused showing pornographic videos, taking nude photos, and administering medicines after the assaults.

Arguments of Both Sides:

The prosecution presented a compelling case, relying on statements from the victims, electronic communications between the accused and one victim, as well as the accused and the victim’s father. The defence contended that the allegations were fabricated due to a family property dispute and emphasized the absence of visible injuries on the victims. The accused claimed innocence, pointing to a pending partition suit and questioning the credibility of medical reports. The court scrutinized the evidence, including messages demonstrating the accused’s systematic seduction of the victim.

Court’s Judgment:

Justice Chavan rejected the bail application, highlighting the prima facie evidence of the accused’s remorse and acknowledgment of wrongdoing. The court emphasized the likelihood of the accused influencing witnesses, given his close relation to the victims. Importantly, it expanded the interpretation of POCSO, asserting that even minimal touching with sexual intent falls within the purview of penetrative sexual assault. The court dismissed the notion that physical injuries, such as hymen rupture, are essential for proving the offence, relying on guidelines for the medical examination of child victims. Concerns for the emotional well-being of the minors and the potential for further trauma weighed heavily in the decision.