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The use of the word ‘rape’ by the minor victim in the absence of corroborative evidence cannot be the sole basis to assume that penetrative sexual assault had taken place, the Court said.
'Touch' is a separate offence, the Court added while concluding that the accused was guilty of committing aggravated sexual assault on a 6-year-old girl, but not of "penetrative" sexual assault.
![[POCSO Act] Slightest penetration will constitute aggravated penetrative sexual assault: Meghalaya High Court - Vimarsana News](https://gumlet.assettype.com/barandbench%2F2022-09%2F326a4c06-cfdc-4de4-acdc-661f433fb774%2F2_PEOPLE.jpg?w=1200&auto=format%2Ccompress&ogImage=true&enlarge=true)
The Meghalaya High Court recently held that even the slightest penetration of male sexual organ inside vagina will constitute the offence of penetrative sexual assault under Section 5 (m) of the POCSO Act.
The scheme of the POCSO Act did not intend to bring within its scope, cases where adolescents or teenagers are involved "in dense romantic affair", the Allahabad High Court observed.