‘Immaterial Whether Breasts Of 13 Yr Old Girl Were Developed Or Not’: Calcutta HC Upholds Conviction For Sexual Assault U/S 7 Of POCSO Act

Case: Rohit Pal v. The State of West Bengal
Coram: Justice Bibek Chaudhuri
Case No.: C.R.A. 532 of 2019
Court Observation:
“In the instant case, the victim girl stated in the clear terms before the Learned Magistrate as well as during trial that the accused touched her breasts and kissed her. It is absolutely immaterial whether the breasts of a 13 years old girl were developed or not. The specific part of the body of a girl of 13 years of age shall be held and term as breast for the purpose of Section 7 of the POCSO Act even if her breasts are not developed due to certain medical grounds.”
“…The definition contained in Section 7 has reported three distinct parts The first part is about touching the private parts of the child. The second part is to make the child touch the private parts of the offender or any other person and the third part involves any other act of physical contact with sexual intent. The use of “word” in Section 7 makes the provision abundantly clear that the different acts contemplated in Section 7 if done with sexual intent, consist of the offense of sexual assault. In the instant case, it is stated by the victim girl that the accused touched different parts of her body and also kissed her.

Why should a grown-up man who is not related to the victim girl kiss her entering her house when his guardians were not present in the house. The sexual intent of a person can be gathered from the specific contact of the accused and the surrounding circumstances. There cannot be any direct evidence of sexual intent. In the instant case entering into the house of the de facto complainant in the absence of her and her husband, touching the body of the victim girl, and kissing her shows that the accused had sexual intent and, therefore, the act involves physical contact by the accused with the victim and he was rightly convicted under Section 8 of the POCSO Act.”

Calcutta HC Upholds Conviction For Sexual Assault U/S 7 Of POCSO Act