Home / Latest News / SC to decide if a 40-year-old Woman with mental age of six entitled to compensation under POCSO

SC to decide if a 40-year-old Woman with mental age of six entitled to compensation under POCSO

March,3,2017:

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.

Sexual Assault Cases
Sexual Assault Cases

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.

 Justice Misra and Justice Nariman added that,”Once we determine this question, other consequences would want follow as per law and the rules under it”.
Petitioner Krippendorf had alleged that her cerbral palsy afflicted daughter was repeatedly sexually assaulted to dissuade her from claiming inheritance rights over the house situated in Defence Colony in south Delhi, where she lived.

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