"It has been established and proved that the accused penetrated his finger in the vagina and because of that the victim girl felt pain and irritation in urination as well as pain on her body and there was redness and swelling around the vagina found by the doctor. We are of the opinion that therefore the case would fall under Section 3(b) of the POCSO Act and it can be said to be penetrative sexual assault and considering Section 5(m) of the POCSO Act as such penetrative sexual assault was committed on a girl child aged four years (below twelve years) the same can be said to be ‘aggravated penetrative sexual assault’ punishable under Section 6 of the POCSO Act," the Court has observed in its decision.
Keeping in mind the aforesaid objects and to achieve what has been provided under Article 15
and 39 of the Constitution to protect children from the offences of sexual assault, sexual
harassment, the POCSO Act, 2012 has been enacted. Any act of sexual assault or sexual harassment
to the children should be viewed very seriously and all such offences of sexual assault, sexual
harassment on the children have to be dealt with in a stringent manner and no leniency should be
shown to a person who has committed the offence under the POCSO Act. By awarding a suitable
punishment commensurate with the act of sexual assault, sexual harassment, a message must be
conveyed to the society at large that, if anybody commits any offence under the POCSO Act of sexual
assault, sexual harassment or use of children for pornographic purposes they shall be punished
suitably and no leniency shall be shown to them. Cases of sexual assault or sexual harassment on the
children are instances of perverse lust for sex where even innocent children are not spared in pursuit
of such debased sexual pleasure.
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