The Kerala High Court ruled that even the slightest penetration into the vulva or physical contact with any of the external portions of the female genitals amounts to penetrative sexual assault under Section 3 of the POCSO Act.
The court upheld the conviction of a man for sexually assaulting a 4-year-old girl and rejected his claim that he was not guilty because the child's private area was not damaged. It clarified that full penetration is not required to prove the crime.
The accused was sentenced under Sections 376AB IPC, 5(m) & 6 of the POCSO Act, and SC/ST Act provisions.
The trial court granted life imprisonment, later modified to 25 years of rigorous imprisonment.
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