SC puts on hold Bombay HC order on minor’s sexual assault case

Supreme Court stayed the acquittal order of the accused in the case where Nagpur Bench of Bombay High Court had said that groping a minors breast without skin to skin contact cant be termed as sexual assault as defined under Protection of Children from Sexual Offences POCSO Act on WednesdayA Bench headed by the Chief Justice of India SA Bobde also issues notice to the accused in the case seeking his response in two weeksThe Attorney General KK Venugopal on Wednesday moved SC challenging a Bombay High Court judgment acquitting a person under POCSO after he pressed a girls breast over the dress stating there was no skintoskin contactThe AG submitted before a bench headed by Chief Justice SA Bobde that the judgment is disturbing and it would set a dangerous precedentAfter a brief hearing in the matter the top court stayed the January 19 order of the Nagpur bench of Bombay High Court which acquitted the accused under Section 8 of POCSOThe bench also issued notice to the accused and allowed the AG to file a special leave petition challenging the High Court orderThe AG has brought to notice a judgment of Bombay High Court Nagpur bench dated January 19 2021 in which the court has acquitted the accused under 8 section of POCSO on the ground that the accused had no sexual intent in committing offenceand there was no direct physical contact skin to skin contact said the top courtThe AG submitted that the order in question is likely to set a dangerous precedent In these circumstances we permit the AG to file an appropriate petition against the said order In the meanwhile we stay the acquittal of the accused so far as offence under section 8 of the POCSO Issue notice to the accused returnable two weeks said the top courtThe Bombay High Court had previously ruled that groping without lsquoskin to skinrsquo contact is not sexual assault as defined under POCSO Act The ruling was pronounced by a single judge bench of Justice Pushpa GanediwalaGiving the judgment the Nagpur bench of Bombay HC ruled that there must be physical contact ldquoie skintoskin contact with sexual intent without penetrationrdquo and mere groping would not amount to sexual assault under the POCSO Act The court opined that touching a minorrsquos chest would not amount to sexual assault unless the accused removed the top worn by the child or slid their hand within the childs garmentThe matter before the court was a criminal appeal filed by a man who was convicted of sexually assaulting a 12yearold girl by pressing her chest and partially stripping herThe accused was acquitted under section 8 of the POCSO Act which would attract a minimum punishment of three years The court convicted him of one year of rigorous imprisonment under Sections 354 outraging a womanrsquos modesty and 342 wrongful confinement of the Indian Penal Codewith inputs from agencies