Groping 12-year-old child without removing her clothes not 'sexual assault' under POCSO Act, but only 'outraging modesty' under IPC: Bombay High Court

report by @Neha_Jozie

#BombayHighCourt #POCSO https://www.barandbench.com/news/litigation/nagpur-bench-bombay-high-court-pocso-conviction-reversed

"The act of pressing of breast of the child aged 12 years, in the absence of any specific detail as to whether the top was removed or whether he inserted his hand inside top and pressed her breast, would NOT fall in the definition of ‘sexual assault’.

#BombayHighCourt #POCSO

“As such, there is no direct physical contact i.e. skin to skin with sexual intent without penetration”, the Court stated while acquitting him under the POCSO Act.

#BombayHighCourt #POCSO

The Court, however, maintained his conviction under

Section 354 (assault of criminal force) and
Section 342 (wrongful confinement) of the IPC,

considering the act which he committed amounted to use of criminal force to outrage her modesty.

#BombayHighCourt #POCSO

He had taken the 12-year to his house on the pretext of giving her guava, and had pressed her breast and attempted to remove her salwar.

At this point, the mother of the child came to the spot & rescued her daughter.

(Satish Ragde v. State of Mah)

#BombayHighCourt #POCSO