Medical report of 16-year-old confirms pregnancy; legal experts cite POCSO’s applicability even to juvenile offenders; according to the police, the brother sexually abused his sister for a year
Accused brother has been booked under various sections of BNS and the POCSO Act. Representation Pic/istock
The Wadala TT police on Wednesday booked a 15-year-old boy for allegedly sexually abusing his 16-year-old sister over several months. The matter came to light when the girl complained of severe stomach pain and was taken to KEM Hospital by family members. During the medical examination, it was revealed that she was two months pregnant. The hospital authorities immediately informed the police.
Following this, the police registered a case under relevant sections of the BNS along with the Protection of Children from Sexual Offences (POCSO) Act, took the accused brother into custody, and sent him to the Dongri Correction Home. According to the police, the brother sexually abused his sister for a year.
“On Tuesday, when the doctors examined the girl, it was found that she was two months pregnant. They sent a medico-legal complaint (MLC) to the police. Based on the statement of the victim and the doctor’s report, we registered a case on Wednesday,” said an officer from Wadala TT police station.
“As per the recent judgement of the Honourable Kerala High Court, a child can be an offender of sexual offences under the POCSO Act. The court further observed that a child can only be tried under the JJ Act, but this does not mean that the provisions of the POCSO Act do not apply to the child if he is an offender under the provisions of that Act,” said Advocate Vishal Saxena.
“The Honourable Supreme Court, when faced with the question of whether a minor boy entering into a relationship with a girl less than 18 years of age can be punished under the POCSO Act for the offence of sexual assault, had granted interim protection to the minor in that case,” he added.
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