SC stays Bombay HC’s acquittal of man who groped 12-year-old girl

SC stays Bombay HC’s acquittal of man who groped 12-year-old girl

Dhananjay.Mahapatra@timesgroup.com

New Delhi:28.01.2021 

The Supreme Court on Wednesday took just two minutes to stay a Bombay High Court order, which had acquitted a man of charges under the POCSO Act on the specious logic that groping a 12-year-old girl without removing her clothes was not sexual assault though it convicted him under the Indian Penal Code provision for outraging her modesty.

The Nagpur bench of Bombay HC had sparked outrage on January 19 by acquitting the accused under Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, while maintaining his conviction for outraging the modesty of the minor girl under Section 354 of the IPC.

In February last year, a Nagpur trial court had sentenced the 39-year-old man to three years imprisonment under Section 8 of POCSO Act for groping the girl as also under Section 354 of IPC.

Attorney general K K Venugopal termed the order “unprecedented and disturbing”, adding that it would set a bad precedent.

"It is a very disturbing judgment that sets a new rule that in the absence of skin-to-skin contact, that is groping a child without removing her clothes, would not amount to sexual assault under Section 8 of the POCSO Act. It sets a dangerous precedent. Please take suo motu cognisance of the judgment and stay its operation," he said.

How could the HC rule that there was no sexual intent as there was no skin-to-skin contact, the AG asked. The SC permitted the AG to file an appeal against the HC judgment. Two days ago, National Commission for Protection of Child Rights chairperson Priyank Kanoongo had written to the Maharashtra government asking it to appeal against the HC judgment before the SC.

After hearing the AG, a bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian said, "In view of what is stated, we permit the attorney general to file an appropriate petition against the said judgment. In the meantime, we stay the acquittal of the accused in respect of the offence under Section 8of POCSO Act. Issue notice to the accused and the state of Maharashtra returnable in two weeks."

Justice Pushpa Ganediwala had ruled that groping the breasts of the 12-year-old girl without removing her top would not amount to an offence under Section 7 of POCSO Act, punishment for which is prescribed under Section

8. "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 ie skin-to-skin with sexual intent without penetration," the judge had said.

Full report on www.toi.in