Nagpur, October 20, 2025 – The Nagpur bench of the Bombay High Court has delivered a significant judgment, reinforcing the stringent protections afforded to minors under the Protection of Children from Sexual Offences (POCSO) Act. The court ruled that even the slightest penetration constitutes rape, and the consent of a minor is irrelevant in such cases.
The ruling came as the court dismissed an appeal by a 38-year-old driver from Hinganghat in the Wardha district. The driver had been convicted of attempting aggravated penetrative sexual assault on two girls, aged five and six. The High Court upheld his conviction and the 10-year sentence previously imposed.
Justice Nivedita Mehta, who authored the judgment, stated that "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". The court found that the accused lured the children with guavas, showed them obscene videos, and attempted to assault them sexually. He was convicted under Section 6 of the POCSO Act and Section 376(2)(i) read with Section 511 of the Indian Penal Code (IPC), and was fined Rs 50,000.
This ruling underscores the legal principle that minors are incapable of giving valid consent to sexual acts. Because of their age and presumed lack of understanding, the law considers them unable to make informed decisions about sexual activity. Therefore, any sexual penetration of a minor, regardless of how slight, is considered a violation of their bodily autonomy and a criminal act. The POCSO Act is designed to protect children from sexual abuse and exploitation, recognizing their vulnerability and the potential for long-lasting harm.
The High Court's decision aligns with a broader legal understanding that emphasizes the importance of using clear and unambiguous language in defining sexual offenses, especially in cases involving children. The Supreme Court has previously stressed the need for straightforward definitions to ensure accurate and just resolutions in rape cases. This includes clarifying what constitutes the "slightest penile contact" that consummates rape, even in cases involving pre-puberty victims. The Supreme Court has also noted that in cases of child-rape-victims, courts may consider if the victim felt pain, if there was bleeding, or any injuries to the sex organ of the victim.
The ruling serves as a reminder of the severe consequences for those who commit sexual offenses against children. It also highlights the judiciary's commitment to upholding the rights and protecting the well-being of minors, who are among the most vulnerable members of society.
