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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345 Indian fishermen stranded in Iran return home via Armenia
New Delhi (PTI): A group of 345 Indian fishermen, who were stranded in Iran amid escalating regional tensions, returned to India via Armenia on Saturday, officials said.
External Affairs Minister S Jaishankar thanked his Armenian counterpart Ararat Mirzoyan for assistance in return of the Indian nationals.
The Indian nationals arrived in Chennai this evening, the officials cited above said.
The circumstances that led to them being stranded in Iran were not immediately known.
"Thank FM @AraratMirzoyan and the Government of Armenia for facilitating the evacuation of Indian fishermen today from Iran, through Armenia to India," Jaishankar said on social media.
Over 1,500 Indian nationals have left Iran through land border crossings in Armenia and Azerbaijan since the start of the West Asia conflict over a month ago.
"A group of Indian fishermen, stranded in Iran, are returning home via Armenia today; their flight is expected to reach India this evening," a government statement said.
It said the Ministry of External Affairs continues to closely monitor the evolving situation in the West Asian region, with the safety, security and welfare of the Indian community being accorded the highest priority.
It also made a mention of five Indians being injured in Abu Dhabi on Friday.
According to Abu Dhabi authorities, the Indian nationals were among the 12 people injured by debris from an intercepted missile.
"In an attack in Abu Dhabi, five Indian nationals were injured; four have been discharged, one remains under treatment," the Indian government's statement said.
It said the Indian mission in Abu Dhabi is extending "full" assistance and coordinating with local authorities, adding that their flight is expected to reach India this evening.
