Development Of Minor Girl’s Breasts Immaterial, Sexual Intent Matters Says Calcutta HC While Upholding Conviction Under POCSO Act
There’s a legal term ‘mens rea’, it refers to a person’s intention or knowledge while committing a crime. While not all crimes are committed with a guilty conscious, a large number of criminals have the intention to commit a crime and a guilty mind, especially when it comes to violent crimes like rape or sexual assault. Intention plays a major role in a lot of crimes just like in this case of sexual assault. Recently, Calcutta High Court ruled that it does not matter if a girl’s breasts are developed or not when it comes to the commission of a crime like sexual assault. The court was hearing a case of sexual assault against a 13-year-old girl filed under section 7 of the Protection of Children From Sexual Offences Act (POCSO Act), 2012.
In this case, the Calcutta High Court stated that as long as the accused touched a specific part of a girl’s body with sexual intent, the development of the body part has nothing to do with the crime and it will still be considered sexual assault. This move came after the counsel for the accused claimed that the Medical Officer in question had testified that the girl’s breasts were not developed and therefore there is no question of the accused touching her breasts.
Dismissing the claim, Justice Bibek Chaudhuri stated that the victim acknowledged unequivocally before the Magistrate as well as during the trial that the accused not only touched her breasts but also kissed her. According to LiveLaw, the Justice further noted, “It is absolutely immaterial whether breasts of a 13 years old girl were developed or not. The specific part of the body of a girl of 13 years of age shall be held and term as breast for the purpose of Section 7 of the POCSO Act even if her breasts are not developed due to certain medical grounds.” Interpreting the law, the court observed that touching a minor’s vagina, penis, anus or breasts or making the child touch the vagina, penis, anus or breasts of the accused or any other person with a sexual intent constitutes sexual assault. The court further noted that any other act with a sexual intent that involves physical touch without penetration will also be considered sexual assault.
Also Read: TMC MP Saugata Roy Calls Out Mamata Banerjee Over Hanskhali Rape Case Comment, Rising Crimes Against Women In WB
Noting that there cannot be direct evidence of sexual intent of a person, the court stated that the same can be deduced from the person’s actions and circumstances. Talking about the case in question, the court pointed out that the victim indicated that the accused touched and kissed her and went on to question the accuses actions as to why a grown man not related to the victim entered her house when no guardians were present and kissed her. The court further pointed out that this indicates the sexual intent of the accused while adding that he was rightfully convicted under section 8 of the POCSO Act. Referring to the Supreme Court’s decision in Attorney General for India vs Satish and another wherein ‘sexual intent’ was held as the main ingredient of the offence of sexual assault and not ‘skin to skin contact’ the court held that the actions of the accused satisfied the fact that the victim was subjected to sexual assault while upholding the conviction of the accused.
Also Read: Russian Troops Rape Ukrainian Boy After Tying His Mother To A Chair, To Watch The Heinous Incident. What Is Happening?
The case in question was an appeal filed by the accused convicted under Sections 448 and 354 of the IPC as well as Section 8 of the POCSO Act by the Trial Court for sexually assaulting a minor. The accused has allegedly entered the house of the minor in the absence of her parents and touched her breasts and other body parts as well as kissed her. TBH, we’re glad to see the court taking the sexual intent into consideration and dismissing the baseless arguments of the accused in order to evade the punishment for the crimes committed by him against a minor girl.
Four Men Gang-Rape A Bengal Monitor Lizard In Maharashtra. How Low Can Humanity Stoop?
