Ejaculation Not Necessary, Penetration Sufficient to Prove ‘Penetrative Sexual Assault’ Under POCSO Act: Andhra Pradesh High Court Uphold Conviction of Accused in Rape Case

The Andhra Pradesh High Court said all that is required to prove the offence of ‘penetrative sexual assault’, defined under Section 3 of the POCSO Act is, mere penetration and ejaculation of semen is not necessary. The court upheld the conviction of an accused in a case of rape. The bench of Justice Cheekati Manavendranath Roy explained that a reading of Section 3 of the POCSO Act shows that "ejaculation of semen is not a necessary prerequisite for the purpose of proving penetrative sexual assault. Even without ejaculation of semen, if the evidence on record shows that there is penetration of penis or any object or part of the body of the accused into the vagina of the minor girl, it is sufficient to constitute an offence of penetrative sexual assault as defined under Section 3 of the POCSO Act. Even the same definition is given to the offence under Section 375 of IPC also.” Delhi High Court Suspends Man's Sentence in Rape Case Noting Girl Misrepresented Her Age, Eloped Voluntarily.

Andhra Pradesh High Court on Rape

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