Nithyakalyani Narayanan. V
The Allahabad High Court has remarked that the number of sexual assaults against children has increased in an alarming and frightening way and that not all cases come to light. The Court added that the offenders must be mercilessly punished in the severest terms for such actions. The Court stated this while denying bail to an accused under POCSO Act who allegedly committed penetrative sexual assault against a 7-year-old girl by tempting her by giving Rs. 10.
The single bench of Justice Sanjay Kumar Singh stated that this happens because “the children are ignorant of the act of the rape and are not able to offer resistance and become easy prey for lusty brutes who display the unscrupulous, deceitful and insidious art of luring female children and young girls.”
The accused argued that this is a false implication. He claimed that there is no medical examination report to support this accusation as there were no injuries on her body nor was her hymen perineum ruptured. It was opposed by the Additional Government Advocate stating that the victim has made rape allegations against the applicant in her statement under CrPC.
Justice Singh referred to the Modi Textbook of Medical Jurisprudence and Toxicology, 23rd Edition[1] and held that full penetration of the penis with the emission of semen and the rupture of the hymen is not necessary to establish an offence of rape.
Therefore, referring to the presumption under Section 29 of the POCSO Act, the Court refused to release the applicant on bail.
Name of the Case: Rajesh vs. State Of U.P. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. – 10336 of 2022]
Citation: 2023 (AB) 167
Bench: Justice Sanjay Kumar Singh