Bombay high court delivered a verdict that groping a minor’s breast without “skin to skin” contact cannot be termed as ‘sexual assault’. This verdict was ruled during a case at Nagpur, in which a 39-year-old man was sentenced 3 years imprisonment for sexually assaulting a 12-year-old.
The accused lured and took the girl to his house in Nagpur on the pretext of giving her something to eat. Later, he groped her and attempted to remove her clothes.
However, the accused groped her without removing the clothes of the little girl. It cannot be considered as ‘sexual assault’ as defined under the Protection of Children from Sexual Offences (POCSO) Act, said Bombay High Court, as per the reports of Hindustan Times.
Rather, it constitutes the offence of “outraging a woman’s modesty” under IPC section 354, which gives a minimum sentence of 1 year in jail. Sexual assault under the POSCO Act sentences an accused to a minimum of 3-years in jail.
BHC said, that “stricter proof” and serious allegations” are required for the incident to be considered as sexual assault.
According to the POSCO ACT, “sexual assault” is defined as when someone “with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration”.
However, the court ruled that the physical contact that’s mentioned is supposed to be “skin to skin contact”.
This has caused massive social media outrage. According to reports, the Supreme Court of India has put the orders of Bombay High Court on hold.
This is a shameful verdict. Share your reactions!
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