As per the prosecution, the child victim, her brother and mother of the victim remained consistent in their respective statements given to the police as also in their testimonies before the trial court.<\/p>\n

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Section 29 of POCSO Act raises a statutory presumption against the accused.<\/p>\n

Accused has not been able to dispel the presumption or discharge the onus. It is established from the testimony of the child victim and her brother that the appellant\/accused had pulled down the leggings of the child and touched her thighs. Pulling down the leggings of the child victim and touching of the thighs is evident of sexual intent and accordingly constitutes an offence of sexual assault in terms of Section 7 of POCSO Act.<\/p>\n<\/blockquote>\n

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In terms of Section 9 (m) of POCSO Act since sexual assault was committed on a child below the age of 12, it would amount to aggravated sexual assault punishable under Section 10 of POCSO Act.<\/p>\n<\/blockquote>\n

Bench stated that trial court passed a well reasoned order. No infirmity was found in the trail court’s order.<\/p>\n

Thus, the appeal was dismissed. [Rajendra v. State, 2020 SCC OnLine Del 724<\/b><\/a> , decided on 03-07-2020]<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Delhi High Court: Sanjeev Narula, J., while addressing a matter wherein a child aged 9 years old was sexually assaulted, held that, <\/p>\n","protected":false},"author":8808,"featured_media":76391,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[42361,23524,42362,6191,23534],"class_list":["post-231840","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-child-victim","tag-pocso-act","tag-section-7-pocso-act","tag-sexual-assault","tag-sexual-intent"],"yoast_head":"\n