Lawstreet Journal

“Touching of Bum is not mere teasing”: POCSO Court upon charging 22-yr Old for Sexual Assault

Lawstreet Journal 22 Feb 2021 9:26pm

Image courtesy: Lawstreet Journal Judiciary “Touching of Bum is not mere teasing”: POCSO Court upon charging 22-yr Old for Sexual Assault

A Special Protection of Children from Sexual Offences (POCSO) Court in Bombay Held that touching of the ‘backside’ or posterior of a person is also to be considered sexual assault under the provisions of the section 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section 354 of the Indian Penal Code 1869.

The case is to do with a 22 yr old man who was accused of ‘touching’ a minor girl thus being tried for the gestures with sexual intent to outrage the child’s modesty. The case deals with the alleged abuse of child that took place when a girl was walking towards a temple and a group of four boys approached her and one of the guys, wearing a black T-shirt touched her private part. 

The term “private part” as laid down in the provisions of law in India is to be observed and interpreted in a way that the society sees it, the court said. Sexual Assault was defined under section 7 of the POCSO Act, the court commented, “the touching of bum of the girl obviously cannot t said to be without sexual intent”. 

The accused denied the happening of any such incident further putting forth the argument that there was no record of any eye-witness or any statement from the other three boys present from the scenario that the victim described. The defendant argued, someone’s bum is not a private part as the victim claims, also challenging the FIR that stated ‘teasing’ and not ‘touching’… Continue Reading...

Tagged: Protection of Children from Sexual Offences (POCSO) Act   POCSO Act  
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