Lascivious activities such as pulling down the leggings of a child victim and touching of the thighs is apparent of sexual intent and thereby forms an offence of sexual assault according to Section 7 of Protection of Children from Sexual Offences Act, 2012, Delhi High Court has held (Rajender vs State) . The judgment was declared by a single Judge Bench of Justice Sanjeev Sachdeva opposing the order of conviction issued by the Trial court against the Appellant. The Trial Court had condemned the Appellant for the affiance under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). He was imprisoned to undergo Rigorous
Imprisonment for a period of 5 years and to reimburse of Rs. 10,000.
The Appellant confronted that the entire complaint was an appendage of a loan transaction between the Appellant and the mother of the victim. It was disputed that there lied divergence of the contention of the victim and the statement of the prosecution was unreliable. The Prosecution disputed that the affidavit of the child victim and her brother were admirable and there was no evidence of any loan transaction. The Court notified that the Prosecution had presented 8 witnesses and scrutinized the depositions of the two children and their mother as recorded by the Trial Court .
The Court perceived that the Appellant had not effectively uphold any reason as to why the testament of the two children should be repudiated. In terms of Section 9 (m) of the POCSO Act, since the sexual assault was committed on a child below the age of 12, it would amount to exasperated sexual assault punishable under Section 10 of POCSO Act. The appeal was thereby dismissed.
(BY- VASUNDHARA DHAR)