Recently, a bench of a single judge Justice Bharati Dangre of Bombay High Court, while dealing with the POCSO case held that A girl, who is less than 3.5 years of age, cannot be expected to give an exact description of her private parts.

In the said matter, the Court rejected an appeal filed by the accused challenging his conviction by a special judge in Mumbai for penetrative sexual assault under Section 6 of the POCSO Act and for rape under Section 376 of the Indian Penal Code (IPC).

While rejecting an appeal, the Court noted “It cannot be expected from a little girl, barely four years old, to focus on the photograph and identify the person, specifically as a child of that age may not be able to focus on a point due to underlying anxiety or being distracted by external stimuli. In the case of this girl, the stressful situation, she was facing, may also be one of its causes”, the High Court noted. 

Case Brief-

In the said matter, back in 2017, the victim had been sexually outraged by her friend’s father who lived in the neighbourhood. The girl was taken to the house by the accused and he fingered her, as a result of which she started bleeding. The little girl rushed to her mother and took off her panty and went to the toilet. She was unable to pass urine and was touching her private part and shouting in pain and agony. The mother noticed blood coming out and when she inquired, the victim disclosed to her that the accused had put his finger in her vagina.

A complaint was lodged after the parents took the child for examination to a government hospital. The prosecution examined 8 witnesses during the trial including the victim, her mother and the gynaecologist among others.