Can A case Registerd Under POCSO 5/6 on 10year Girl & 25 Year Female Care taker of A shelter home. A Case file for 5 year Minner Burning thier Private Part by Candel for Bed wetting . This is Pentriative sexual asault case.
A case under POCSO can and MUST be registered. The act is available here.
“Penetrative sexual assault” is said to take place when the accused:
1. penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person; or
2. inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person; or
3. manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of body of the child or makes the child to do so with him or any other person or
4. applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person.
Here, since the accused is the care taker of the shelter home, it will be a case of AGGRAVATED PENETRATIVE SEXUAL ASSAULT. Section 5 mentions that this is said to take place when a person, being on the management or on the staff of a jail, remand home, protection home, observation home, or other place of custody or care and protection established by or under any law for the time being in force, commits penetrative sexual assault on a child, being inmate of such jail, remand home, protection home, observation home, or other place of custody or care and protection; or whoever being on the management or staff of an educational institution or religious institution, commits penetrative sexual assault on a child in that institution.
The punishment for this is Rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and fine.
In case there is no penetration, then it can be a case for aggravated Sexual assault. Punishment for this is 5 to 7 years, with fine.
All persons are under an obligation to report offences under The Act. According to Section 19 (1), anyone who knows that an offence is committed or believes that it is likely to be committed or where there is an apprehension that a sexual offence is likely to be committed against a child will have to inform the SJPU or the local police. Failure to report the commission of an offence is punishable under section 21 (1) with imprisonment for a maximum term of six months and/or fine.
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