Vibrating machine insertion in minor amounts to penetrative sexual assault: Kerala High Court

New Delhi: The Kerala High Court has upheld the conviction of a make-up artist who sexually assaulted a 17-year-old staff member at a cosmetology centre with a vibrating machine.

Justice A Badharudeen ruled that “pressing” the “vibrating machine” on the survivor’s private parts could cause penetration. The act, therefore, met the legal requirement of “insertion to any extent” under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code (IPC).

Court defines penetration

In its July 28 order, the court said, “Insertion to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person, would be sufficient to find that the accused committed penetrative sexual assault.”

The accused had challenged a special court’s September 30, 2024 judgment that convicted him under the POCSO Act and the IPC.

The prosecution said the accused worked as the manager and make-up artist at the treatment centre. On July 20, 2019, he allegedly took the minor into a room and assaulted her.

He also threatened to portray her as a “bad girl” in society if she disclosed the assault, according to the prosecution.

FIR delay questioned

The defence argued that the survivor filed the complaint in 2021, nearly two years after the incident. The lawyers also questioned her testimony and claimed it contained inconsistencies.

They argued that the evidence was unreliable and sought a reduction in the sentence. They also said the survivor was 17 years and five months old at the time and would have become an adult within six months.

The state said survivors may delay reporting sexual offences because of fear, trauma and social pressure. It argued that such a delay alone could not weaken the prosecution’s case.

Minimum sentence upheld

The High Court found that the special court had correctly convicted the accused of rape and penetrative sexual assault. It also upheld his conviction for other offences, including criminal intimidation.

The special court had sentenced the accused to 10 years of rigorous imprisonment, the minimum punishment prescribed under the POCSO Act.

The High Court said the law did not permit it to reduce the punishment below the minimum sentence. It dismissed the appeal and upheld both the conviction and sentence.