In a judgment focused on protecting minors, the Delhi High Court has has clarified that forcing or inducing a young child to touch one’s private parts with sexual intent constitutes "aggravated sexual assault" under the law.

The decision came as Justice Neena Bansal Krishna dismissed an appeal filed by a man who had been convicted for assaulting a four-year-old girl. The court upheld his seven-year sentence of rigorous imprisonment, sending a firm message about the legal consequences of child abuse.

Details of the Case

The incident dates back to June 2022. The convict was a tenant living in the same house as the victim’s family. According to the prosecution, the man flashed the four-year-old child and made her touch his private parts.

In July 2024, a trial court found the man guilty under Section 10 of the Protection of Children fromSexual Offences (POCSO) Act. This specific section deals with the punishment for "aggravated penetrative sexual assault" and "aggravated sexual assault." Because the child was well under the age of twelve, the law automatically elevates the crime from a basic assault to an "aggravated" one.

Court’s reasoning

The convict had challenged the trial court’s decision, claiming there wasn't enough evidence and arguing that the child had been "tutored" (coached) by her parents to lie. However, Justice Krishna rejected these claims during the hearing on January 5.

The High Court noted that while a child’s testimony might have minor variations or small inconsistencies due to their age, the "core allegation" remained steady. The court emphasized that the child’s account of the sexual assault was consistent throughout the proceedings, which made her a credible witness.

"Making a small child touch the private part with sexual intent amounts to aggravated sexual assault," the court stated. By doing so, the court confirmed that physical contact initiated by an adult, even if done using a child’s hand, amounts to a serious violation of the POCSO Act.

Under the POCSO Act, the distinction between "sexual assault" and "aggravated sexual assault" is crucial. When a victim is below twelve years of age, the law recognizes that the child is exceptionally vulnerable. This classification leads to stricter penalties and ensures that offenders cannot argue for lighter sentences based on the nature of the physical contact.

By dismissing the appeal, the High Court reaffirmed that the safety of children is a priority and that the legal system will look past minor technicalities to uphold the spirit of the POCSO Act. The man will now serve out his full seven-year sentence.