The Meghalaya High Court has upheld the conviction of a man under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), holding that physical contact with a child’s breast, when accompanied by sexual intent, falls within the statutory definition of sexual assault even without penetration.
Chief Justice Revati Mohite Dere dismissed the appeal filed by Rockyroy Lyngkhoi against his conviction under Section 9(n) read with Section 10 of the POCSO Act. The judgment was pronounced on September 1, 2026.
Background
The appellant was the uncle of the 15-year-old survivor, who was staying with him and his wife while pursuing her education. According to the survivor's evidence, the incident took place on September 23, 2019, after the appellant brought her home from tuition.
She initially described a penetrative sexual assault before the trial court. However, during cross-examination, she stated that the appellant had not committed a penetrative sexual assault but had instead lain on top of her. Her sister and mother also gave evidence that there had been no penetration. The Special Judge (POCSO), West Khasi Hills District, Nongstoin, convicted the appellant under Section 9(n) read with Section 10 of the POCSO Act and sentenced him to five years' rigorous imprisonment, along with a fine of ₹20,000.
The High Court noted that there was no challenge to the survivor's evidence that the appellant had fondled her breasts. The Court therefore considered whether that conduct could sustain the conviction even though the evidence did not establish penetration.
Referring to Section 7 of the POCSO Act, the Court explained that sexual assault includes sexual-intent touching of a child's vagina, penis, anus or breast, as well as other physical contact involving sexual intent without penetration.
The Court stated:
“Whoever, with sexual intent touches the vagina, penis, anus or breast of the child ... or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.”
The Court also considered the evidence of the survivor's mother and elder sister, who testified about the disclosure made by the survivor soon after the incident. The medical examination did not reveal physical injuries, while the doctor stated that forceful penetration could result in injuries such as lacerations or bruises.
Justice Revati Mohite Dere found no error in the trial court's decision to convict the appellant for the lesser offence under Section 9(n) read with Section 10 of the POCSO Act.
The High Court accordingly dismissed the appeal and upheld the conviction and sentence. It also directed that a report be submitted regarding the recommended ₹1 lakh compensation for the child-survivor.
Case Details:
- Case Title: Rockyroy Lyngkhoi v. State of Meghalaya & Ors.
- Case Number: Crl.A No. 27 of 2024
- Judge: Justice Revati Mohite Dere, Chief Justice
- Decision Date: September 1, 2026
