Biological not mental age of rape victims to determine case under POCSO

Bhubaneswar/New Delhi:  The Supreme Court, on Friday, said that the biological and not the mental age of a rape victim will decide whether the case will be tried under the Protection of Children against Sexual Offences (POCSO) Act of 2012.

The SC ruling came in response to a petition filed by the mother of a 38-year-old rape victim, who is suffering from cerebral palsy since birth, with the mental age of a six-year-old.

The apex court had earlier stayed the criminal proceedings in the case pending in a trial court.

The POCSO Act is a special legislation enacted to try cases related to sexual assault on minors by establishing special courts.

Cases of crimes against minor are rampant in India. As per reports, over 53% children face sexual abuse. In the national capital of New Delhi only, a total of 5,217 cases were registered between 2012 and 2015 under POCSO Act.

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In Odisha, cases of sexual assault against children have also increased in past few years. Popular comedian Tatwa Prakash Satpathy alias Papu Pompom has also been accused of assaulting a minor and the case is pending with a special POCSO court.