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The Sikkim High Court in a case held that an act of forcibly kissing a girl child of 11 years and hugging her amounts to “aggravated sexual assault” as defined in Section 9(m) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
Section 9(m) of the POCSO Act, defines “aggravated sexual assault” and “sexual assault “ has been defined in Section 7 as:
“Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.”
The order by the Special Court was upheld by Justice Bhaskar Raj Pradhan, where the accused was convicted under Section 9(m) of the POCSO Act, for having forcibly kissed and hugged a minor victim, girl child of 11 years. The minor victim had narrated the facts of the incident which were corroborated by her school mates who were witness to the incident, some before and after the incident.
The Court held:
“The act of forcibly kissing the minor victim, a child below 12 years of age and hugging her in the back seat of a car in the absence of her guardian by a 27 year old male cannot but be with sexual intent. The act of forcibly kissing and hugging involves physical contact although without penetration. Thus it is cogent that the said act amounts to sexual assault. As the sexual assault was committed on a child below 12 years of age it amounts toaggravated sexual assault as defined under Section 9(m) of the POCSO Act, 2012.”
The fire years imprisonment imposed by the Special Court on the accused was upheld by the Sikkim High Court.
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