The Supreme court On Wednesday, he stopped a warrant issued by the Bombay High Court that acquitted a man after noticing that without contactSkin-to-skin contactIt is not considered sexual assault under the Child Sexual Offenses Protection Act. Long live the law mentioned.
A judicial body headed by Chief Justice S. a. Pobdi was acquitted based on a reference made by India’s Public Prosecutor K.K. Venugopal. You mentioned that the verdict was “unprecedented” and “likely to set a dangerous precedent.”
Judge Pobdi asked Vinogopal to file a petition against the ruling. The court also issued a notice to the defendant in the case and requested a response to him within two weeks.
In a ruling issued on January 19, the Bombay High Court ruled that touching the breast of a minor without removing his head did not fall under the category of sexual assault defined under Section 7 of the law. The court of justice Pushpa Ganydiwala was hearing an appeal against the conviction in a case in which it was alleged that a man took an underage girl to his home under the pretext of serving her fruit, and pressed her breasts and partially stripped her.
Section 7 of POCSO Act It states: “Whoever touches, with sexual intent, the vagina, penis, anus, or chest of the child, or makes the child touch the vagina, penis, anus, or chest of this person or any other person, or performs any other act with sexual intent involving Physical contact without penetration, and he is said to be committing sexual assault. “
Based on the above definition, the court concluded that in order for a person to be convicted under this law, the act must be committed with “sexual intent,” and must include “touching the vagina, penis, anus, or breast. The child or any other act similar to the acts specifically mentioned. In judgment. “
Accordingly, the judge acquitted the accused under POCSO, while affirming his guilt under Article 354 of the Indian Penal Code, which criminalizes the violation of the decency of the woman.
Many activists and child rights organizations criticized the ruling, describing it as “totally unacceptable, disgraceful and outrageous.”
On January 25, Prof. The National Committee for the Protection of the Rights of the Child The state government of Maharashtra has appealed for an urgent appeal against the Bombay High Court’s interpretation of what constitutes sexual assault of a minor. The Children’s Rights Commission said that the verdict’s language needed to be revised as soon as possible because it degraded the minor.