POCSO case against minor for alleged sexual assault on classmate

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Though the police have registered a rape case under the Protection of Children from Sexual Offences (POCSO) Act, they are seeking legal guidance in the case owing to the tender age of the accused.

Delhi Police spokesperson Dependra Pathak speaking of the incident said, "The Indian Penal Code (IPC) provides children below seven years of age certain protections against prosecutions".

The mother of the girl accused the school of negligence and said the authorities did not take her seriously when she sent the girl's teach a text message on the same night. The girl began crying that night and told her mother about the alleged assault and how the boy from her class unbuttoned her trousers and used his finger and pencil to assault her. Initially, her mother ignored the complaints as she thought that the girl was simply throwing tantrums.

The parents of the victim took her to a doctor who also confirmed that the girl had been sexually assaulted. The child narrated the incident to her mother on Friday.

Hours after the girl continued to complain of the constant pain, she started crying, she broke her silence on the assault.

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The mother of the victim is demanding action against school for dereliction of duties but no case of criminal negligence has been registered against the school so far. She told her mother that one of her classmates assaulted her in classroom and washroom when no staff member was around.

"When I opened her bloomers and saw the injury, I was shocked", the mother told NDTV. He later sexually assaulted her even though she tried to push him away.

She said her daughter's delayed exit from the classroom, as she saw in CCTV footage, corroborated the sexual assault allegation.

Experts advised investigators to handle the case with sensitivity.

Dr Samir Parikh, Fortis Healthcare's department of mental health and behavioural sciences Director speaking on the case said, "We must understand that it is absolutely not possible for a four-year-old to understand sexual behaviour". Is there a possibility of a sexual need being fulfilled in his case?

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