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Bombay High Court: Unzipping pants, holding minor's hand not 'sexual assault'

Partly allowing the appeal, the Bombay HC quashed aside the jail sentence of 5 years under the POCSO Act and modified the imprisonment as per the Indian Penal Code to the extent the appellant-accused has already served as an undertrial.

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Bombay High Court. File pic

Bombay High Court. File pic

The Bombay High Court (Nagpur Bench) has ruled that "unzipping pants or holding a minor's hand" does not amount to 'sexual assault' under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

This came on the original complaint filed by a woman who came to her home one afternoon and found the accused with his pants unzipped flashing his private parts as he held the hand of her 5-year-old daughter and asked her to come to bed with him.

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