Woman can also be tried under POCSO for offence of 'penetrative sexual assault: Delhi HC
New Delhi, Aug 12: A female can also face criminal proceedings under POCSO for committing the offence of "penetrative sexual assault" on a child, and the offence is not restricted to only male offenders, the Delhi High Court has held.
Justice Anup Jairam Bhambhani said the Protection of Children from Sexual Offences (POCSO) Act was enacted to protect children from sexual offenses, "regardless of whether an offense is committed upon a child by a man or a woman". There was no reason why the word "person" appearing in section 3 (penetrative sexual assault) should be read as referring only to a "male", he added.
The court's decision was delivered last week on a plea by an accused in a POCSO case, who argued that since she was a woman, the offences of "penetrative sexual assault" and "aggravated penetrative sexual assault" can simply not be made out against her.
The accused, while assailing the framing of charges against her, contended that a plain reading of the provision showed that it only, and repeatedly, used the pronoun "he", meaning that the intent of the legislature was only to make a man liable for the offense.
However, the court said there is no reason why the word "person' appearing in section 3 of the POCSO Act should be read as referring only to a "male".
"It is accordingly held that the acts mentioned in sections 3 and 5 (aggravated penetrative sexual assault) of the POCSO Act are an offence regardless of the gender of the offender, provided the acts are committed upon a child," the court said in the judgment.
"Giving due regard to the fact that the Legislature enacted the POCSO Act in order to provide protection to children from sexual offenses – regardless of whether an offense is committed upon a child by a man or a woman – the court must not interpret any provision of the statute that derogates from the legislative intent and purpose," it stated.
The court noted that under the Indian Penal Code (IPC), the pronoun "he" and its derivatives are used for any person, whether male or female, and the POCSO provision must not be interpreted in a manner that restricts the offense only to a man.
"When viewed from this lens, the only rational inference is that the pronoun 'he' appearing in section 3(a), 3(b), 3(c) and 3(d) must not be so interpreted as to restrict the offense engrafted in those sections only to a 'man'.
"It is extremely important to note that the said provisions include within the ambit of penetrative sexual assault, the insertion of any object or body-part; or the manipulation of any body part of a child to cause penetration; or the application of the mouth. It would therefore be completely illogical to say that the offense contemplated in those provisions refers only to penetration by a penis," the court observed.
The court, on a prima-facie consideration of the material, therefore, ruled that the offence of "aggravated penetrative sexual assault" was made out against the petitioner, even though she was a woman.
"The petitioner is therefore required to be put to trial for the offenses as charged. The petition is accordingly dismissed," held the court.
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Maharashtra secures historic sword of Raghuji Bhosale in London auction
LONDON/MUMBAI: The Maharashtra government has acquired the sword of Raghuji Bhosale, founder of the Nagpur Bhosale dynasty and a distinguished commander in the Maratha army under Chhatrapati Shahu Maharaj, after winning it in an auction in London.
Cultural Affairs Minister Ashish Shelar formally took possession of the weapon on Monday. It is scheduled to arrive in Mumbai on 18 August, where it will be received with ceremonial honours, as reported by The Indian Express.
News of the sword’s availability surfaced on 28 April this year. Minister Shelar consulted Chief Minister Devendra Fadnavis, after which the government began preparations to participate in the auction.
A group of Marathi-speaking residents in London gathered to witness the handover. Hemant Dalvi, Deputy Director of the Archaeology Department, accompanied the minister during the formalities.
The sword is an 18th-century Maratha Firangi. It has a straight, single-edged European blade with a gold-inlaid Mulheri hilt and near the hilt is the European manufacturer’s name, while the spine bears a gold-inlaid Devanagari inscription reading “Shreemant Raghoji Bhosale Senasahib Subha Firang,” confirming its connection to Raghuji Bhosale. The hilt’s gold koftgari work and the green cloth-wrapped rounded pommel add to its rarity as Maratha weapons of the period typically lacked elaborate ornamentation or inscriptions.
Raghuji Bhosale I, ruled from Nagpur between 1695 and 1755. He expanded Maratha influence into Bengal, Odisha, Chanda, Chhattisgarh, Sambalpur and parts of southern India. His military campaigns, included victories over the Nawabs of Bengal, Cuddapah and Kurnool. The Nagpur kingdom was also known for its rich deposits of iron and copper, used for weapons and trade.
While few historians believe that the sword left India in the early 19th century, as part of the war booty taken by the British East India Company after their victory over the Bhosales at the Battle of Sitabuldi in 1817, others say it was taken later as a diplomatic gift.
The sword will be escorted from Chhatrapati Shivaji Maharaj International Airport to PL Deshpande Kala Academy in Dadar by a ceremonial bike rally upon its arrival in Mumbai next week. A cultural programme titled Gad Garjana will be held the same day in the presence of state dignitaries.
Minister Shelar described the acquisition as an important moment for Maharashtra’s heritage and extended his thanks to the Chief Minister, Deputy CM Eknath Shinde, and Deputy CM Ajit Pawar for their support in securing the artefact.
