Meghalaya High Court declares that touching a victim’s private parts with the penis is an offence of aggravated penetrative sexual assault

The Meghalaya High Court recently declared that touching the private parts of the victim with the penis amounts to aggravated sexual assault with penetration and is punishable under Section 6 of the POCSO Act, 2012. The Supreme Court further stated that touching the private parts of the victim with the accused’s penis without penetrating the vagina is not sexual assault (under Section 7 of the POCSO) but aggravated sexual assault with penetration. It is to be noted that the punishment for committing an offence of aggravated sexual assault with penetration under Section 5 is not less than 20 years, while the maximum punishment for committing an offence of sexual assault under Section 7 is 5 years. ‘Hindus are increasingly rare in Meghalaya’: Ashwini Upadhyay’s claims on police jail sentences are ‘false’, Supreme Court lawyer deletes viral video.

HC on sexual assault

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