In a controversial order that could have implications in a variety of cases, the Nagpur court of the Bombay High Court acquitted a man of sexual assault on the grounds that pressing a girl’s breasts onto her clothing without direct physical contact “skin with skin “yes it does. does not constitute “sexual assault” under the Protection of Children from Sexual Offenses Act (POCSO).
The verdict, delivered by Judge Pushpa V Ganediwala on January 19, overturned a lower court ruling under Section 8 of the POCSO applicable to “sexual assault” against children, against convicted Satish Bandu Ragde.
In saying that Section 8 of the POCSO provides for a severe punishment of five years in rigorous prison (RI), the Superior Court noted that “stricter evidence and serious charges are required.”
The judge said: “As such, there is no direct physical contact, that is, skin-to-skin with sexual intent without penetration.” The bank observed that “the act of pressing the chest can be a criminal force for a woman / girl with the intention of outraging her modesty.”
“In light of the above discussion, this Court holds that the appellant is acquitted under Section 8 of the POCSO Act and convicted of a misdemeanor u / s 354 of the IPC and sentenced him to submit to RI,” said the judge. The maximum sentence is five years and the minimum one year for a crime under this section.
“Obviously, it is not the case with the prosecution that the appellant took off her blouse and pressed her chest,” Judge Ganediwala said. “The act of pressing on the 12-year-old boy’s chest, absent any specific details as to whether he removed the top or inserted his hand into the top and pressed his chest, would not fall within the definition of ‘sexual assault ‘. “
The Extra Joint Additional Sessions Judge’s court had found Ragde, 39, guilty of the crime of sexual assault of the 12-year-old girl under POCSO along with Sections 354 (assault or use of criminal force on a woman with the intent to outrage his modesty); 363 (punishment for kidnapping); and 342 (punishment for wrongful confinement) of the Indian Penal Code (IPC).
Ragde had appealed to the High Court against the sentence through his lawyer Sabahat Ullah. Prosecutor MJ Khan presented in Superior Court that under Section 7 of the POCSO, “pressing on the chest” falls within the definition of sexual assault.
Citing the POCSO definition of sexual assault, the Superior Court said that “by definition, the crime involves following the necessary ingredients: the act must have been committed with sexual intent, the act must involve touching the vagina, penis, anus or the breast of the child “. or cause the child to touch the vagina, penis, anus or breast of said person or any other person or perform any other act with sexual intent that involves contact without penetration. “
Judge Ganediwala observed: “According to the definition of ‘sexual assault’, ‘physical contact with sexual intent without penetration’ is an essential ingredient of the crime. The words “any other act” encompass in themselves the nature of the acts that are similar to the acts that have been specifically mentioned in the definition on the premise of the principle of ejusdem generis (of the same type). The act must be of the same nature or close to that. “
In this case, which dates back to 2016, the convict had placed the girl in unjust confinement and pressed her breasts while running an errand for her mother. As the girl did not return for a long time, the mother went looking for her and found her in the room above Ragde’s house. The room was locked from the outside. He had met Ragde coming down the stairs and had asked him where his daughter was. Ragde had told him that he had no idea where his daughter was.
The girl told her mother that Ragde had taken her by the hand and had taken her home under the pretext of giving her a guava but inside he tried to remove the salwar and pressed her breasts.
The mother filed a police complaint against Ragde, who was convicted by the lower court under the POCSO and IPC sections. The convict later moved to Superior Court.
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