‘Bad Work’ Alone Cannot Prove Penetrative Sexual Assault: Patna High Court

The Patna High Court recently modified the conviction of a man booked under the POCSO Act, holding that vague expressions such as “bad work” cannot by themselves establish the offence of penetrative sexual assault under Section 4 of the Act.

The Court observed that neither medical evidence nor witness testimony clearly proved penetration.

It further noted that mere detection of semen stains on the victim’s clothes was insufficient to presume penetrative assault.

However, considering the allegations of inappropriate touching and sexual intent, the High Court upheld the accused’s conviction for sexual assault under Section 8 of the POCSO Act.

[Md. Khurshid @ Md. Khurshid Rayeen v. State of Bihar]