Bombay High Court's Judgement Likely to Set a Dangerous Precedent: AG K.K.Venugopal

The Supreme Court on Wednesday stayed the judgment given by Bombay High Court which had held that pressing the breast of a 12-year old child without removing her top will not fall within the definition of ‘sexual assault’ under Section 7 the Protection of Children from Sexual Offences Act (POCSO). 

The Bombay High Court's Judgement had earlier stated that there must be physical contact with sexual intent and mere groping would amount to molestation under the Indian Penal Code but not the heinous offence of 'sexual assault' under the Protection of Children from Sexual Offenses (POSCO) Act. The High Court was of the view that serious allegations corroborated with stricter proofs are necessary to substantiate the act of pressing the breast of a 12-year-old child. From the facts of the case, it is not clear as to whether the top was removed or the accused inserted his hand inside her top to press her breast. Hence the act of the accused would not fall under the definition of sexual assault. Justice Ganediwala further added that the prosecution story does not establish that the accused removed her clothes and pressed her breasts. Physical contact without sexual intent does not amount to sexual assault as per the facts of the present case. 

Attorney General submitted that the order in question is unprecedented and is likely to set a dangerous precedent. Supreme Court allowed AG Venugopal to file a petition against Bombay High Court's verdict and also stayed the acquittal of the accused under the provisions of POSCO.