Which of the following is an Aggravated Sexual Assault under Section 9 of POCSO Act, 2012?
Explanation:
This question requires a precise understanding of the Protection of Children from Sexual Offences (POCSO) Act, 2012, specifically Section 9, which defines 'Aggravated Sexual Assault'. The POCSO Act categorizes sexual offenses against children into different levels of severity, with 'aggravated' offenses carrying higher penalties due to specific aggravating circumstances. These circumstances often involve positions of trust, authority, vulnerability of the child, or the nature of the act itself. Let's analyze each option in light of Section 9: * **Option (1) Intentionally touching private parts of a child in public:** While intentionally touching private parts of a child constitutes 'sexual assault' under Section 7 of the POCSO Act, the mere act of doing so in public, without additional aggravating factors listed in Section 9, does not automatically elevate it to 'aggravated sexual assault'. Section 9 specifies particular conditions, such as the perpetrator being in a position of trust or authority, the child being particularly vulnerable, or the act being committed in a specific manner. This option lacks such a qualifying factor to make it aggravated. * **Option (2) Squeezing breast of a child in washroom of the school by a peon of private school:** This is the correct answer. This scenario perfectly aligns with several aggravating factors listed in Section 9 of the POCSO Act. Specifically, Section 9(f) states that an offense is aggravated if committed 'by a person in a position of trust or authority towards the child'. A peon in a school holds a position of trust and authority over children. Furthermore, the act occurring in a 'washroom of the school' highlights the vulnerability of the child and the breach of a safe environment, which are implicit aggravating factors. Squeezing the breast of a child is a form of sexual assault, and when committed by a person in authority in a vulnerable setting, it becomes aggravated. This option clearly meets the criteria for aggravated sexual assault. * **Option (3) Physical contact with the child with sexual intent but without penetration:** This description primarily falls under 'sexual assault' as defined in Section 7 of the POCSO Act. Section 7 covers various forms of physical contact with sexual intent that do not involve penetration. Without additional specific aggravating circumstances (like the perpetrator's relationship to the child, the child's specific vulnerability, or the manner of the act as listed in Section 9), this act alone does not qualify as 'aggravated sexual assault'. * **Option (4) Touching breast of a child with sexual intent:** Similar to option (1) and (3), touching the breast of a child with sexual intent is a form of 'sexual assault' under Section 7 of the POCSO Act. However, for it to be considered 'aggravated sexual assault' under Section 9, there must be additional specific circumstances present, such as the perpetrator being a police officer, a relative, a teacher, or the act causing grievous hurt, etc. This option, as stated, does not include any of these aggravating factors. Therefore, option (2) is the only one that clearly describes a situation meeting the criteria for 'Aggravated Sexual Assault' under Section 9 of the POCSO Act, due to the perpetrator's position of trust and the vulnerable setting.