The FIR was registered for sexual harassment under Section 354A of the IPC and Section 8 and 12 of the Protection of Children from Sexual Offenses (POCSO) Act, even when the minor complained of pain in the private parts and the mother also It was claimed in the FIR that the genitals of the tortured minor had turned red.
Despite specific details in the FIR, the police did not register a case of sexual harassment under Section 4 of the POCSO Act, nor Section 376 (rape) and 363 (kidnapping) of the IPC. Under the provisions of the POCSO Act and sections of the IPC with which the FIR was lodged, allows imprisonment of up to five years. However, the sections which were not added have a provision of punishment up to life imprisonment.
“The minor has been sent for medical examination and we are verifying the extent of the sexual assault. AP Choudhary, police inspector of Pandesara police station, said, “We will add sections and take strict action as per law.”
“It is a law that touching the private part of a minor girl is tantamount to rape under the IPC and POCSO Act,” said counsel for the District Government, Surat, Nayan Sukhadwala He said, while the statement of the minor is the main evidence, the medical findings are the corroborating evidence in the case. “Appropriate sections will be added and no leniency in crime against minors will be tolerated. Police will work diligently in every case.” Ajay TomriCity Police Chief.