Sexual Assault Case (PC: Social Media)
New Delhi: A recent decision of the Bombay High Court regarding sexual assault has been stayed by the Supreme Court. A bench headed by Chief Justice of India SA Bobde has issued a notice to the accused in the case and sought an answer in two weeks.
Justice Pushpa Ganeediwala of the Nagpur bench of the Bombay High Court said in judgment that the handcuffs of a minor girl on her breast cannot be considered as sexual assault. Skin-to-skin contact with sexual intent is necessary for sexual assault.
Youth Bar Association challenged Bombay Court’s decision:
This ruling delivered on 19 January. The Youth Bar Association of India has challenged this decision by filing a petition in the Supreme Court. The Bombay High Court, while hearing a plea of a man convicted by a local court under Section 8. Case Of the Protection of Children from Sexual Offenses Act, 2012, besides sections 354, 363 and 342 of the Indian Penal Code, ordered . He was sentenced to three years by the Sessions Court.
Case under POSCO act:
The Nagpur bench of the Bombay High Court said in its judgment that touching the breast of a minor without undressing it is not a sexual assault. Such acts cannot be termed as sexual assault under the Protection of Child Sexual Offenses (POCSO) Act.
Skin-to-skin contact with sexual intent is necessary for sexual assault. The High Court also said in its judgment that clear evidence required to run the case under the Pocso Act. On this basis, punishment announced. Social workers had raised a strong objection to this decision of the High Court and had spoken against going to the Supreme Court.
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