The Supreme Court on Wednesday put on hold an order passed by the Bombay High Court that acquitted a man after observing that groping without “skin-to-skin contact with sexual intent” does not constitute as sexual assault under the Protection of Children from Sexual Offences Act, Live Law reported.
A bench headed by Chief Justice of India SA Bobde stayed the acquittal on a mention made by the Attorney General of India KK Venugopal. He submitted that the judgement is “unprecedented” and is “likely to set a dangerous precedent”.
The top court’s order came days after the National Commission for Protection of Child Rights on Monday implored the Maharashtra government to file an urgent appeal against the Bombay High Court’s interpretation of what constitutes as sexual assault of a minor.
In a judgement passed on January 19, the Bombay High Court had ruled that groping a minor’s breast without removing their top did not fall into the category of sexual…