The High Court mentioned that the offence of penetrative sexual assault can also invoked against the women under the POCSO Act.
- The women challenging the order of the trial court that frame charge against her under section 6 of the POCSO Act.
- The counsel arguing that the offense of penetrative sexual offence cannot be applicable to the women.
- The FIR has been filed that also showing that the no intent of PSO invoked against her.
The Court made differentiation over the definition of the penetrative sexual assault under section 3 of the POCSO act and the section 375 of IPC and highlighted that the section 3 applies to all person that means “Men and Female and other”. But the section 375 applies to men only.
Justice Bhambhani analysed the definition of PSO and found that it includes the insertion of any object into body-part and manipulation of the anybody-part of the child or the use of mouth.
The Court held that the opinion of the child and the doctor confined into the statement that the women have no sexual intent. But it was not sufficient to discharge the trial.
CASE NAME: Sundari Gautam V. State of NCT of Delhi.
NAME: Viswa ganesh K, BALLB (Hons.), School of Excellence in Law, Dr. Ambedkar Law University, INTERN UNDER LEGAL VIDHIYA.
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