The High Court of Bombay acquitted an appellant under the Protection of Children from Sexual Offences (POCSO) Act ruling that pressing of the breast of a child without "skin to skin contact with sexual intent" does not constitute "sexual assault" under the POCSO Act.
However, it convicted the man under Section 354 of the Indian Penal Code & sentenced him to undergo rigours imprisonment for one year & to pay a fine of Rs 500
The Nagpur Bench of Bombay HC passed the order on Jan 19 while hearing a petition by Satish, who convicted by a local Court under Sections 354, 363 & 342 of IPC (hereinafter referred to as IPC) & Section 8 of the Protection of Children from Sexual Offences Act, 2012.
"The appellant/ accused is convicted for the offence of 'sexual assault'. As per the definition of 'sexual assault', a 'physical contact with sexual intent without penetration' is an essential ingredient of the offence," read the Court order dated Jan 19.
It said that "The act of pressing of the breast of the child aged 12 years, in the absence of any specific detail as to whether the top was removed or whether he inserted his hand inside top & pressed her breast, would not fall in the definition of 'sexual assault'. It would certainly fall within the definition of the offence under Section 354 of the Indian Penal Code".
"Admittedly, it is not the case of the prosecution that the appellant removed her top & pressed her breast. As such, there is no direct physical contact i.e. skin to skin with sexual intent without penetration," read the Court Order.
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