Kerala High Court holds that placing the penis on a child's vagina is penetrative sexual assault under the POCSO Act

22 October 2026

The Kerala High Court, in a judgment dated 13 October 2026 that was reported on 22 October 2026, held that placing the penis on a child's vagina after removing her underwear involves at least slight penetration and amounts to penetrative sexual assault.
Justice A Badharudeen delivered the judgment in Shaji v State of Kerala, Criminal Appeal No. 1265 of 2023, reported as 2026 LiveLaw (Ker) 595.
The Court applied Section 3 of the Protection of Children from Sexual Offences Act, which defines penetrative sexual assault, rather than Section 7, which covers sexual assault by touching.
Because the child was under twelve, the aggravated offence under Section 5 also applied.
The conviction was upheld, and the separate sentence imposed under Section 376AB of the Indian Penal Code was set aside.