The Supreme Court on Thursday put aside a Bombay High Court order that held that “skin-to-skin” contact was obligatory for the offense of sexual assault beneath the Protection of Children from Sexual Offenses (POCSO) Act.
In its order, the courtroom noticed that sexual intent is necessary in such circumstances and can’t be taken away from the purview of the Act. The high courtroom stated that the item of the legislation can’t be to permit the felony to flee from the entice of legislation.
“We have held that when the legislature has expressed a clear intention, the courts cannot create ambiguity in the provision. It is true that courts cannot be overzealous in creating ambiguity,” stated a bench of Justice Uday Umesh Lalit, Justice S Ravindra Bhat and Justice Bela M Trivedi. It was listening to appeals filed by the Attorney General of India, the National Commission for Women and the State of Maharashtra towards the High Court’s determination.
In January this yr, the Nagpur Bench of the Bombay High Court a person was acquitted Allegations of sexual assault on the grounds that urgent a toddler’s breasts immediately onto their clothes with out “skin-to-skin” doesn’t represent “sexual assault” beneath the POCSO Act.
However, the order of the High Court was later canceled by the Supreme Court When Attorney General KK Venugopal introduced the matter to the discover of the courtroom and stated it was “unprecedented” and more likely to “set a dangerous precedent”. “This is a very disturbing finding,” the AG advised a bench headed by the then Chief Justice of India SA Bobde. AG and NCW had filed separate appeals.
“If tomorrow, a person wears surgical gloves and feels the entire physique of a lady, he won’t be punished for sexual assault in accordance with this judgment. This is a condemnable order. The accused tried to convey down Salwar and nonetheless he was granted bail… The decide clearly didn’t see the far-reaching penalties. AG stated, He stated that “touching the breast of a minor without removing the top is an offense of sexual harassment under the Act”.
The case dates again to December 2016, when the 39-year-old accused had promised to present one thing to a 12-year-old lady to eat. According to the grievance lodged by the lady’s mom, the person pressed the lady’s breast and tried to take away her salwar. The mom discovered the lady within the man’s home.
The HC held that groping the breast of a minor with out “skin-to-skin contact” can’t be termed as sexual harassment, as outlined beneath the POCSO Act. It states that because the man groped the kid with out eradicating the garments, the offense can’t be termed as sexual assault and as an alternative, the offense of outraging the modesty of a lady is made out beneath Section 354 of the IPC.
The High Court judgment delivered by Justice Pushpa V Ganediwala put aside the decrease courtroom’s determination beneath part 8 of POCSO relevant to “sexual assault” on youngsters towards convict Satish Bandu Ragde.
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With inputs from TheIndianEXPRESS
