(1) Whoever commits penetrative sexual assault shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
(2) Whoever commits penetrative sexual assault on a child below sixteen years of age shall be punished with imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine.
(3) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.
Tag: POCSO Act Sec 4 – Punishment for Penetrative Sexual Assault
State of Maharashtra Vs Abdulrehman Shahjadhussain Shaikh and Anr on 28 Mar 2022
A Special Court dealing with POCSO cases, held as follows and acquitted a father who is accused of raping his daughter.
From Para 7,
7. Settled position of law that sole testimony of the victim alone if found reliable is sufficient to convict the accused.
From Para 13,
State of Maharashtra Vs Abdulrehman Shahjadhussain Shaikh and Anr on 28 Mar 2022It is also settled position that the child can be easily tutored.