“EXPLOITATION OF CHILDREN IS A CRIME AGAINST HUMANITY”- SUPREME COURT

A Supreme Court Bench of Justices MR Shah and BV, while hearing an appeal in the case of NagarathnaNawabuddin vs State of Uttarakhand, upheld the conviction of a 75-year-old man who was accused of inserting his finger into the vagina of a 4-year-old. The apex court decided that the accused placed his finger into the girl's vaginal opening, based on the evidence of an independent witness.

It was argued that the appellant could not have been convicted of the charges punishable under Section 5/ 6 of the POCSO Act if there had been no penetration or aggravated penetrative sexual assault. He also asked for a reduction in his sentence since he had TB and was of senior age.

In response to the petition for a reduction in the life sentence, the Supreme Court stated that no mercy can be offered to an accused who has committed offences under the POCSO Act, especially where the same has been shown by competent evidence in a court of law. The accused inserted his finger into the vagina, causing discomfort and irritation in urination, as well as agony throughout her body, and the doctor discovered redness and swelling around the vagina. We believe that the case falls under Section 3(b) of the POCSO Act and that it can be classified as penetrative sexual assault. Considering Section 5(m) of the POCSO Act, penetrative sexual assault committed on a girl child under the age of twelve years can be classified as 'aggravated penetrative sexual assault,' punishable under Section 6 of the POCSO Act.

It went on to say that such exploitation of children is a crime against humanity and society. The Bench, however, reduced the appellant's sentence to 15 years in jail since he was 75 years old and had TB.