Holding minor girl’s hand and opening pant’s zip not sexual crime under POCSO: Bombay HC

News Today , 28th January 2021-New Delhi: The Nagpur bench of the Mumbai High Court ruled that holding a minor girl’s hand and opening of pant zip is not a sexual assault under POCSO. The ruling clairified that the sexual harassment offense would be filed under Section 354 of the IPC.

The single bench of Justice Pushpa Ganediwala passed the order in a case pertaining to a sexual act involving a 5-year-old girl committed by a 50-year-old man.

The trial court had sentenced the accused to 5 years rigorous imprisonment and had fined him Rs 25,000 for the sexual assault under Section 10 of the POCSO.

The Union Cabinet has approved the proposal for Amendment in the Protection of Children from Sexual Offences (POCSO) Act, 2012 to make punishment more stringent for committing sexual crimes against children.

The Nagpur bench of the Bombay High Court passed the order in a case pertaining to a sexual act involving a 5-year-old girl committed by a 50-year-old man. The single bench of Justice Pushpa Ganediwala ruled that the crime falls under Section 354A (1) (i) of the IPC and not the POCSO Act.

The complaint had been filed by the girl’s mother, she told the court that the accused had been caught with his pant zipper undone while he held the hand of the minor girl in his hand.

The Nagpur bench of the Bombay High Court explained the term “physical contact” in its definition of sexual assault, stating that it means “direct physical contact – or skin-to-skin-contact without sexual penetration.”

Further, the court repealed the five-year jail sentence under Section 8, 10 and 12 of the POCSO Act and ruled that since the crime falls under Section 354A (1) (i) of the IPC the accused will be jailed for a period of 3 years.

x

COVID-19

India
Confirmed: 31,484,605Deaths: 422,022
error: Content is protected !!