CHENNAI: The Madras High Court has ruled that in cases related to sexual assault of minors, medical examination should be carried out only in cases of penetrative sexual assault.
The order was passed after the high court was informed that in several cases, even for offences such as kissing or groping, the children concerned are often subjected to medical examination, including vaginal tests.
While giving the ruling, a division bench of Justices N Anand Venkatesh and Sunder Mohan said it was brought to their notice that in every case that is registered under the Pocso Act, the police and the magistrate courts are mechanically insisting for the medical examination of the child.
The director of Forensic Science Laboratory, who was present in the court, said such medical examination of the child will be required only in cases involving penetrative sexual assault or aggravated penetrative sexual assault falling under Sections 3 and 5 of Pocso Act.
The director said for those offences falling under Sections 7, 9 and 11 of the Pocso Act, no useful purpose will be served by subjecting the child for a medical examination, since nothing will come out of the medical examination considering the nature of sexual assault that is contemplated under these provisions.
The court observed for offences under Sections 3 and 5 of the Pocso Act, which deal with penetrative sexual assault and aggravated sexual assault respectively, a medical examination is necessary to substantiate the offence.
“However, when it comes to sexual assault under Sections 7, 9 and 11 of the Pocso Act, where the medical examination of the child will serve no purpose, it will unnecessarily subject the child to undergo mental agony,” the court added.