The Madras High Court has dismissed an appeal by a juvenile charged with rape of an eight-year-old girl seeking his discharge, citing Supreme Court verdicts that even "slightest penetration" was sufficient to attract the commission of the offence.
Justice Aruna Jagadeesan of the Madurai bench made the observation while rejecting the appeal of the teenaged petitioner challenging the September 4, 2013 order of Juvenile Justice Board's declining to discharge him in the case.
"In this case, there is sufficient evidence to presume that the victim has been subjected to sexual intercourse," the court held.
The judge said that as per various Supreme Court decisions, "complete penetration is not required and even slightest penetration is sufficient to attract the commission of offence (of rape under section 376 IPC)".
The petitioner's counsel had contended that the police had registered the case based on a complaint given by the girl's father who did not hear her version directly and got to know (about the incident) from his wife.
He had argued that the medical records stated that her dress was intact after the alleged incident and there was no penetration.
The boy should have been booked under section 354 IPC (assault or criminal force on a woman with the intent to outrage her modesty), the counsel had contended.
The government advocate had submitted that the trial court dismissed the discharge petition after it was established that the girl was subjected to sexual intercourse.
