Patna High Court Holds External Rubbing Does Not Amount to Penetrative Sexual Assault Under POCSO Act

The Patna High Court has ruled that external rubbing without penetration does not constitute "penetrative sexual assault" under the POCSO Act, though it may amount to "sexual harassment".

The Court held that when medical evidence rules out penetration, a conviction cannot rest solely on the uncorroborated testimony of a child witness.

It also noted material discrepancies between the statements of the victim and her parents, which cast doubt on the prosecution's version.

The court emphasized that different forms of physical contact carry distinct legal consequences under the POCSO, requiring precise judicial classification. The High Court eventually acquitted the Appellant ordered his release forthwith.

[Jai Krishna Yadav v. State of Bihar]