3. In terms of the F.I.R.registered on 1.5.2024 it was alleged that the informant had gone for attending a function in which the applicant was the DJ operator. Subsequently, the daughter of the informant had gone to school and when she returned back, she told her mother that last night when the she had requested for changing song on DJ, the applicant allegedly misbehaved with her and had touched her private part and inserted finger in her private part. The victim is around 6 years. In her statement under Section 161 Cr.P.C., it was stated that the applicant had allegedly touched her private part inappropriately, and in the statement under Section 164 Cr.P.C. once again stated that the applicant had allegedly touched her private part inappropriately. The victim has refused for medical examination as is evident from the statement of the doctor on record. In the light of the said, the counsel for the applicant argues that in the statement under Section 161 Cr.P.C., there is no allegation of penetrative sexual assault and the alleged act is treated to be correct for the sake of arguments would amount to sexual amount and not the penetrative sexual assault. He further argues that refusal of victim for medical examination also demonstrates that there was no material on record to corroborate the allegation of penetrative sexual assault as defined in Section 3 of the POCSO Act.
