Sexual Assault on an adult woman with a mental age of a child is pleaded to be a crime under POCSO.
Even before Supreme Court could decide a tricky question whether a person who sexually assaulted a 40-year-old woman, with mental age of six years, be tried under the stringent Protection of Children from Sexual Offences (POCSO) Act, accused died in the judicial custody.
Apex Court Bench comprising of Justice Dipak Misra and Justice R F Nariman had reserved its verdict on a petition moved by woman suffering from the cerebral palsy through her mother Dr Manjula Krippendorf for taking into account mental age of female for treating this to be a case under POCSO,
Her counsel Aishwarya Bhati stated that even if the accused had died pending trial, POCSO provided for compensation to be paid to the victim.
Bench further added that core question for determination in this case was whether or not a sexual assault on an adult woman with a mental age of a child would be a crime to be tried under POCSO.
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Links to Bare Acts at LatestLaws.com-
- Protection of Children from Sexual Offences Act,2012