Placing Vibrating Device On Minor’s Vaginal Opening Constitutes Rape: Kerala High Court

The Kerala High Court has ruled that placing a vibrating device on the vaginal opening of a minor amounts to penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and also constitutes rape under the Indian Penal Code (IPC).

The observation came while the court dismissed an appeal filed by Joshy K. J., who had challenged his conviction in a case involving the sexual assault of a 17-year-old girl. A trial court had sentenced him to 10 years of rigorous imprisonment, the minimum punishment prescribed under the law.

In its judgment, the High Court held that placing a vibrating machine on the orifice of the vagina, labia majora or vulva is sufficient to amount to “insertion” within the meaning of the law.

Court Interprets ‘Insertion To Any Extent’ Under POCSO

Justice A. Badharudeen observed that the phrase “insert to any extent” under Section 3(b) of the POCSO Act covers placing a vibrating device on the vaginal opening, even without full penetration, reported News 18. 

The court held that such an act falls within the definition of penetrative sexual assault under Section 3(b), punishable under Section 4 of the POCSO Act. It also satisfies the definition of rape under Section 375(b) of the IPC.

“Here comes the significance of the statutory wording that ‘insert to any extent’. That means, placing a vibrating machine on the orifice of the vagina viz., labia majora, or vulva, by itself would be sufficient to find insertion of M.O1 on the vagina and the same is sufficient to hold that a person committed penetrative sexual assault as defined under Section 3(b) punishable under Section 4 of the POCSO Act. Similar is the position with regard to the offence of rape defined under Section 375(b) of the IPC,” the Bench observed.

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Prosecution’s Case And Survivor’s Testimony

According to the prosecution, the incident took place on July 20, 2019, at the residence of Monson Mavunkal, a self-styled antiques collector who was later arrested in a cheating case.

Investigators alleged that Joshy, an associate of Mavunkal, took the teenager to a treatment room inside the house, forced her onto a treatment bed and placed an oval-shaped, penis-like instrument attached to a vibrating machine on her vagina while the device was switched on.

The prosecution further alleged that the accused threatened the girl with consequences if she revealed the incident to anyone.

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High Court Upholds Conviction And Sentence

During the trial, the survivor told the court that she had been taken to Mavunkal’s residence after failing some subjects in her Plus-II examinations. She said she had been promised cosmetology training and was later employed there as a staff member.

The survivor told the court that she disclosed the alleged assault only after Mavunkal was arrested in the cheating case.

While upholding the conviction, the High Court noted that the trial court had already imposed the statutory minimum sentence of 10 years’ rigorous imprisonment. It held that there was no legal scope to reduce the sentence further and dismissed the appeal, affirming both the conviction and the punishment.

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