A Special POCSO court, located in Mumbai, held that posterior of a woman is also her private body part and any individual touching her private body part shall be liable for the offence of sexual assault.
According to the prosecution, the girl complained to her parents that one 22-year old boy touched her private part. The parents then lodged a FIR alleging that the accused committed offence under Sections 354, 354A of IPC and Section 10 of POCSO Act.
The Additional Sessions Judge held that definition of “private part” would be interpreted in context to the society, and not as per the one provided by Google.
The court also observed that the posterior of a woman is a private part, as far as Indians are concerned.
The court rejected the submissions of opposite party and stated that the accused touched the posterior of the girl with an intent to sexually assault her.
The court also stated that the 22-year old committed the act with the intention and knowledge to outrage her modesty.
The court was also of the opinion that though Section 7 of POCSO Act, which defined sexual assault, does not include the term “posterior”, the act of touching the same could not be said to be without sexual intent.
The bench referred to the “butt slapping case” or Kanwarpal Singh Gill case, wherein the DGP was convicted of slapping the posterior of an IAS officer. The conviction was upheld by the Supreme Court of India.
The court drew the same analogy and held that the prosecution had been successful in proving the proving the guilt of accused.