Bandu v. State of Maharashtra
Bombay High CourtMANU/MH/2046/2017Bench: J. A.S. Gadkari, J. Sadhna Jadhav
The Bombay High Court held that Section 5(k) POCSO specifically provides that where penetrative sexual assault is committed on a "physically or mentally disabled child," it amounts to aggravated penetrative sexual assault. The disability of the victim is not merely an aggravating circumstance in sentencing — it is a statutory ingredient that elevates the offence from Section 3/4 to Section 5/6. The accused must receive the enhanced sentence under Section 6 (minimum 20 years, extendable to life imprisonment). The Court also directed compensation to the victim through the State Crime Victim Compensation Scheme.