Bombay Excessive Courtroom’s verdict of skin-to-skin amounting to sexual assault is ‘Disturbing’: Supreme Courtroom put keep on it
Earlier Nagpur Bench of Bombay High Court ruled that pressing the breast of a 12-year-old child will not amount to sexual assault under POCSO Act; as there was cloth in between.
Today Supreme Court put a stay on the Judgement pronounced by the Nagpur Bench of Bombay High Court; where the court held that, if the top is not removed; it will not amount sexual assault.
Chief Justice of India termed the Judgement as ‘disturbing’.
Bombay High Court earlier acquitted the accused from the charges under the POCSO Act (Sexual Assault); and rather charged him under less severe provision of law.
Attorney General Venugopal suggested that, this Judgement will set a dangerous precedent.
The ingredient of Section 7 of POCSO Act (Sexual Assault) is that, there should be a ‘sexual intent’; and it must involve physical contact to vagina, penis, anus or breast of a child.
It is pertinent to note that, the Bombay High Court’s verdict received lots of criticism as, the rationale of Bombay High Court was not conclusive.