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The court sentenced 10 years in prison for the truck driver for attempting to commit aggravated penetrative sexual assault on two girls aged five and six.
An Indian court rejected the appeal of a 38-year-old truck driver who attempted to rape two minor girls. The Nagpur bench of the Bombay High Court said that even the slightest penetration constitutes rape. And the consent is invalid when the survivor is a minor. The man tried to rape two girls who were below the age of seven.
The court sentenced 10 years in prison for the truck driver for attempting to commit aggravated penetrative sexual assault on two girls aged five and six.
According to the court hearing, the truck driver lured the children with guavas. He showed them obscene videos and attempted to sexually assault them. He was convicted under Section 6 of the POCSO Act and Section 376(2)(i) read with Section 511 of the IPC and fined ₹50,000.
“The act of rape or aggravated penetrative sexual assault stands complete as soon as the accused inserts any body part into the survivor’s private parts — the extent of penetration being immaterial in law," Justice Nivedita Mehta said while sentencing the man.
Simply because the medical examination, conducted more than 15 days later, did not show injuries due to the survivor’s tender age, the act cannot be treated as a mere ‘attempt’ to discard otherwise credible testimony," the order said.