JUDGMENT :

Ziyad Rahman A.A., J.

The documents before us unfold unfortunate instances of repeated sexual assault of various degrees, on a minor girl by a neighbour, who is married with children. Along with it, comes the unpardonable lethargy of the prosecuting agency, in collecting and producing materials to prove the age of the unfortunate victim, a basic requirement for establishing the offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO) and also various provisions of Indian Penal Code. There also emerges a question of law of crucial importance, on the definition of “Rape” as contained under Section 375 IPC, in the light of Criminal Law Amendment Act, 2013 (Act, 13 of 2013) i.e, whether, the term “Rape” as contained in the amended section 375 takes in, sexual assaults beyond penile penetration into vagina, urethra, anus and mouth; the known orifices in the human body to which such penetration is imaginably possible. To be precise, we are called upon to decide the question whether, the penetration to “any part of the body of such woman” as mentioned in section 375(c) of the Indian Penal Code, brings within its ambit a penile sexual act committed between