Bombay High Court Nagpur bench led by Justice PushpaGanediwala had acquitted a man observing that “groping minor breasts can’t be termed sexual assault under POSCO”.
The Supreme court, on Thursday, November 18, quashed the controversial judgment of the Bombay high court, which held that no offence of sexual assault under the POCSO Act was made out as there was no ‘skin-to-skin’ contact between the accused and the victim.
The Supreme Court said that the most important ingredient constituting sexual assault is sexual intent and not skin-to-skin contact with the child.
A bench of Justices UU Lalit, S RavindraBhat and Bela M Trivedi said the act of touching the sexual part of the body or any other act involving physical contact if done with sexual intent, would amount to sexual assault within the meaning of section 7 of the Protection of Children from Sexual Offences Act.
The bench observed that giving a narrow meaning of physical contact to confine it to skin-to-skin contact would defeat the purpose of the POSCO Act, and it cannot be accepted.
The Court’s order came on petitions filed by Attorney General KK Venugopal, the State of Maharashtra and the National Commission for Women (NCW) against the January 19 judgment passed by the High Court, which held that pressing the breast of a 12-year-old child without removing her top will not fall within the definition of ‘sexual assault’.The Attorney General had pointed out that the High Court judge lacked the sensitivity to appreciate that, POCSO Act is meant to prevent sexual offences against children who are unable to defend themselves.
We offer a wide range of lawyers to cater to all your every legal needs and requirement.
Our team provides you support in managing your legal issue without any additional and hidden charges.
Once you finalise the lawyer, you can proceed with predefined time estimation & pricing.
Dedicated Case Follow-up Manager to assist you in coordination with the Lawyer.