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Teenagers And Sexual Abuse

Courtesy/By: Dhruv Agrawal | 2020-12-13 23:05     Views : 286

 

In today's world teenagers used to face a lot of difficulties not in studies where there are so many competitions but peer pressure, family pressure, and most important the social pressure. Social or social pressures are combined pressures that are faced by every person around everywhere and every day. For example -Marriage, Religion, and Life style are the perfect examples of social pressure. Teenagers also have to face the problem of sexual assault.

Both boys and girls are the victim of violence, including sexual assault. Sexual assault can happen between two people who are in a relationship or between strangers or acquaintances. It can happen when the victim no longer wants sexual contact. So, we can say that sexual assault is any unwanted and forced sexual contact that happens without a person's consent. It includes forced kissing, touching in an inappropriate manner without the other person's consent.

 

Some notable judgments on sexual assault: 

  1. Raju Etc. vs State on 20 November 2012
    As early as 26.5.2004, the Supreme Court expressed the hope that the Parliament will give serious attention to the problem and make appropriate legislation. Major Singh's case (supra) was decided as early as 1966. But, even today, there is no legislation that adequately takes care of the situation though there is a proposal for a Bill relating to child sexual abuse.

    Instances are many, where various forms of sexual assaults that may fall short of rape shake the judicial conscience. Such cases also etch more serious harm and damage to the mind and body of the child or woman than in a case of rape itself.

    But courts helplessly gaze, not finding a way to deal with certain instances of sexual assault. In a case where the accused may not have the intention to have penile penetration or an attempt to it, but he does every other heinous act to vent his lust, which may be worse than even rape or an attempt to rape, the offense which may be attracted will be a bailable offense under Section 354 IPC. The physical and psychological harm caused in such cases may be irreparable.
     
  2. Gopal Kakkad vs Naval Dubey And Anr on 29 April 1992
    "JUSTICE DEMANDS, THE COURT AWARDS"
    Before parting with the judgment, with deep concern, we may point out that though all sexual assaults on female children are not reported and do not come to light yet there is an alarming and shocking increase of sexual offenses committed on children.

    This is due to the reasons that children are ignorant of the act of rape and are not able to offer resistance and become easy prey for lusty brutes who display the unscrupulous, deceitful, and insidious art of luring female children and young girls. Therefore, such offenders who are a menace to the civilized society should be mercilessly and inexorably punished in the severest terms.
     
  3. Asaram vs The State Of Maharashtra on 28 July 2009"
    “ even slight penetration is sufficient and emission is unnecessary". Therefore, the absence of injuries on the private parts of a victim especially a married lady cannot, ipso facto, lead to an inference that no rape has been committed."

    Here the victim was a very young girl of six years of age and it is quite likely that full penetration did not take place as the accused is a grownup person of over 20 years of age. The injuries clearly indicate that rape, as defined in S. 275, I.P.C. did take place."
     
  4. Koppula Venkat Rao vs State Of Andhra Pradesh on 10 March 2004
    Judgment 2004 (2) SCR 944 The Judgment of the Court was delivered by Arijit Pasayat, J. Taking lift on a bicycle after a late-night movie show and traveling in darkness can result in some harrowing-traumas for a teenaged girl as the victim in the present case experienced.
    Accused-appellant Koppula Venkat Rao calls in question the legality of his conviction as recorded by the Trial Court and upheld by Learned Single Judge of the Andhra Pradesh High Court under Section 376 of the Indian Penal Code 1860 (in short "the IPC")- He was sentenced to undergo 10 years RI by the Trial Court which was reduced to 5 years by the High Court.
     
  5. Anand Parkash vs State of Haryana on 11 August 2011
    A.N. JINDAL, J (ORAL) Anand Parkash, accused-appellant (hereinafter referred to as 'the accused') was prosecuted for attempting to commit rape upon his step daughter. Consequently, on trial, vide judgment dated 18.04.2003 passed by the Additional Sessions Judge, Gurgaon, he was convicted and sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.500/- under Sections 376/511 IPC; rigorous imprisonment for 3 months for the offense under Section 323 IPC and rigorous imprisonment for 6 months under Section 506 IPC.

    Here is a case, where the accused was the stepfather. Prosecutrix, a girl about 15 years old, is the daughter of Anuradha Bhardwaj. Besides prosecutrix, Anuradha had two other sons from her first husband, on whose death, she re-married with the accused by way of Court marriage 5/6 years prior to the occurrence.

    Anuradha was working as a midwife in her own shop at Farrukh Nagar, whereas the accused was not doing any job. The prosecutrix, in her statement made on 30.04.2002, further disclosed that in the absence of other family members, the accused used to indulge with her in uncalled for activities and molest her. He also used to beat her and her brothers and threatened them if they would disclose the factum of molestation to somebody, then he would kill them.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. 

Courtesy/By: Dhruv Agrawal | 2020-12-13 23:05