POCSO considers even a minor penetration without evident harm to be rape.

According to a recent decision by the Sikkim High Court, even a slight penetrative without any apparent injury is sufficient to establish rape and aggravated penetrative sexual assault under sections 376 AB of the IPC and 5 of the POCSO Act.

The victim's testimony shows that the appellant had pushed his penis into her vagina, according to the Bench of Justices Bhaskar Raj Pradhan and Meenakshi Madan Rai.

In this case, an appeal was brought against the Special Judge's decision under the POCSO Act, which found the appellant guilty under sections 376AB of the IPC and 5(m) of the POCSO Act.

The appellant's attorney cited the medical report, which showed just marks over the labia minora and did not record any exterior injuries, saying that this was insufficient evidence to accuse the accused of penetrative sexual assault. Furthermore, it was claimed that pivotal prosecution witnesses had become hostile.

The victim's mother and father have also recognised the witness, thus the prosecution does not feel the need to contest the impugned decision.

The victim's testimony, the court said, is not only reliable, but also fairly reliable in characterising her trauma.

The victim's statement is sufficiently supported by other witnesses, according to the court's additional observation.

As a result, the court dismissed the appeal and upheld the Special Court's judgement convicting the defendant.

Subhash Chandra Chettri Vs The State of Sikkim