There was no penetrative sexual assault on her - The provisions of the POCSO Act will not be applicable in this case

Title of the Case: P. YUVAPRAKASH Vs. STATE REP. BY INSPECTOR OF POLICE

Head Notes: The prosecution did not even cross examine this witness. Having regard to these overall factors, the court is of the opinion that M’s statement under Section 164 of the Cr. PC contained a truthful narration of the events. This, in other words, meant that there was no penetrative sexual assault on her. Therefore, the provisions of the POCSO Act will not be applicable in this case. The impugned judgment set aside the charge under Section 366 IPC against the appellant. The charges against him, under Section 6 of the POCSO Act as well as Section 10 of the Prohibition of Child Marriage Act, cannot be sustained; the findings of the courts below, i.e., conviction and sentences imposed are, therefore, set aside.

Court: Honourable Supreme Court of India

Judges: Honourable Justice S. Ravindra Bhat & Aravind Kumar

Date of Disposal : 18/07/2023

Citation/Case law