As per S. 5(m), penetrative sexual assault being committed on victim girl aged four years (below twelve years), held, the same is also “aggravated penetrative sexual assault” punishable under S. 6. Concurrent findings recorded by both the courts below that the accused tried to commit rape on victim girl found to be fully supported by doctor, who examined the victim girl, who narrated the entire incident to doctor which found recorded in the medical examination report. Held, upheld. Accused being neighbour and aged 65 years of age against the victim aged just 4 years instead of showing fatherly love, affection and protection to her against the evils of the society, rather made her the victim of lust. Considering his age and fact that he is suffering from TB, life sentence converted to 15 years RI.
[Nawabuddin v. State of Uttarakhand, (2022) 5 SCC 419]