The Gauhati High Court recently said that the absence of a tear in the hymen or lack of genital injuries is not always a ground to disbelieve a victim's testimony that she was subjected to penetrative sexual assault. The high court bench of Justice Kaushik Goswami said that the offence of penetrative sexual assault is established the moment there is any degree of insertion, even if it is a superficial insertion which may not necessarily cause injuries or bruises to the victim's body. The court observed while dealing with a case under the Protection of Children from Sexual Offences Act (POCSO Act), wherein a man was accused of inserting his finger into a 13-year-old's vagina. 'India a Secular Country': Gauhati High Court Expresses Strong Reservations About PIL Seeking Separate Prayer Room for Muslims at Guwahati Airport.
HC on POCSO Case
Hymen tear not necessary in all cases of penetrative sexual assault: Gauhati High Court in POCSO case
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