Protection of Children from Sexual Offences & Criminalizing Unnatural Offences

Case Summary

A 17-year-old male orphan from Bihar, engaged in rag picking, was residing with his paternal aunt (mausi) in Delhi when he suffered sexual abuse at the hands of his uncle (mausa). The victim did not attend school and cannot recall the specific date of the incident. Initially silent about the abuse, the victim eventually shared his experience with a local acquaintance named Sabir after sustaining physical injuries caused by the perpetrator during one of the attacks.

Advocates initiated action under Section 6 of the Protection of Children from Sexual Offenses (POCSO) Act and Section 377 of the Indian Penal Code (IPC), directing investigators to collect evidence and statements pertinent to the alleged offenses. Due diligence revealed that the victim lacked official documentation confirming his age. Accordingly, advocates suggested conducting an ossification test to ascertain the victim’s age more precisely. Given the victim’s poor academic performance and communication difficulties, an intelligence quotient (IQ) assessment was also recommended to gauge the individual’s cognitive capabilities.

Simultaneously, advocates liaised with the District Child Protection Officer tasked with tracing the victim’s biological family members in Bihar, aiming to secure suitable accommodation arrangements once identified. Meanwhile, the victim remained temporarily sheltered with Sabir following the termination of his residence with the abusive uncle and aunt.

Medical professionals treated the victim’s physical injuries, while additional funding was sought for continued healthcare expenses and therapeutic support. Unfortunately, the victim’s aunt suffers from tuberculosis, rendering her incapable of offering adequate supervision and care.

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