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“The evidence of the victim girl and the medical examination report prima facie do not indicate that there was any penetration or rape committed by the petitioner on the victim girl nor that he attempted to penetrate.”
The present case has once again brought to light, the distressing reality that victims of sexual assault, particularly those who are minors and come from socio-economically disadvantaged backgrounds, often remain unaware of the appropriate legal forum to approach, or the procedure to be followed, in cases involving termination of pregnancy resulting from sexual assault.
One has to be conscious of the intersectionality of a girl child who has undergone trauma of sexual violence. Such a victim, on being summoned by court to depose and virtually relive the trauma, is bound to get jitters and consequences like loose motions and fever etc, caused by nervousness and agony.
“The presence of ‘sexual intent’ is the determining factor in distinguishing an act of mere physical force from an act that constitutes sexual assault under the POCSO Act.”