Team  SoOLEGAL

Supreme Court stays Bombay HC order saying groping of 12-year-old not sexual assault without skin-to-skin contact

Team SoOLEGAL 28 Jan 2021 3:26pm

Supreme Court stays Bombay HC order saying groping of 12-year-old not sexual assault without skin-to-skin contact

On Wednesday, 27th January, 2021, the Supreme Court had stayed a recent judgement which was passed by the Bombay High Court, in which the Court had stated that, without skin-to-skin contact, a minor cannot be termed as sexual assault under the provisions of Protection of Children from Sexual Offences (POCSO) Act, 2012. Chief Justice of India S.A. Bobde had claimed that the stay will be in respect of the crime under Section 8 of the POCSO Act and ordered that the accused be informed of his return within 2 weeks.

This particular judgement was brought to notice to the Supreme Court by Attorney General K.K Venugopal where he had stated that, the Bombay High Court had recently acquitted an accused under Section 8 of Protection of Children from Sexual Offences (POCSO) Act, 2012, because neither the accused had any sexual intent to commit any crime under POSCO Act, nor there was any direct skin-to-skin contact.

In a recent judgement, Bombay High Court had stated that, groping a minor breast without skin-to-skin contact cannot be referred to as sexual harassment as described under the POCSO Act. This particular judgement has been opposed by many activists including National Commission for Protection of Child Rights (NCPCR).

The Attorney General had criticised this particular judgement of Bombay High Court and according to him, it would set a dangerous precedent. The Attorney General was allowed by the Supreme Court to file a petition against the order of the Bombay High Court. The acquittal of the convict shall be suspended in respect of the crime under Section 8 of the POCSO Act.



Tagged: Supreme Court   Bombay HC   sexual assault   Sexual Offences Act   POCSO Act   Protection of Children   Chief Justice of India   S.A. Bobde   Attorney General   K.K Venugopal   Child Rights  
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.