If the breast of a 12-year-old child is pressed or is groped without removing her top, it will not be considered as an act of ‘sexual assault’ under POCSO Act (Section 7): Bombay High Court.
Court clarified that, it will come under the purview of Section 354 of IPC which states the ‘outraging the modesty of a woman’.
Section 8 of POCSO Act provides for the imprisonment of term 3-5 years, while Section 354 of IPC provides for the imprisonment of 1-5 years.
Admittedly, it is not the case of the prosecution that the appellant removed her top and pressed her breast. As such, there is no direct physical contact i.e. skin to skin with sexual intent without penetration
Court acquitted the offender from any charges under POCSO Act. The offender was charged under IPC which has lesser punishment than the POCSO counterpart.
Background
12-year-old child was allegedly taken by the appellant in his house. Girl was lured in the pretext of giving Guava. Appellant allegedly attempted to remove her clothes and pressed her breast.
But at that point of time, child’s mother came and rescue her.
Trial Court convicted offender under POCSO as well as IPC.
He approached Bombay High Court and challenged trial’s conviction order.
Bombay HC acquitted the offender from all the charges under the POSCO Act and maintained the charges under Section 354 of IPC.
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