Same Judge on Another Case under POCSO
The Nagpur Bench of the Bombay High Court has held that groping a child without ‘skin-to-skin contact’ would not amount to ‘sexual assault’ under the Protection of Children from Sexual Offences (POCSO) Act, according to Live Law. Instead, it would merely amount to molestation under the Indian Penal Code (IPC).
A sessions court had previously held a 39-year-old man guilty of sexual assault for groping a 12 year old, and attempting to remove her salwaar.
However, Justice Puspha Ganediwala of the Bombay High Court modified the order of the sessions court and sentenced the man under Section 354 IPC (outraging a woman’s modesty), observing that there was no ‘specific detail’ as to whether the minor’s top was removed and there was any skin-to-skin contact.
“Considering the stringent nature of punishment provided for the offence, in the opinion of this court, stricter proof and serious allegations are required,” the court said.
The…
