No Skin to Skin contact, then no Sexual assault: Sensational comments by High Court

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No Skin to Skin contact, then no Sexual assault: Sensational comments by High Court
No Skin to Skin contact, then no Sexual assault: Sensational comments by High Court

Women are raising their voice on Mumbai High court judgment over Skin-to-skin contact. 

Mumbai High Court made this sensational comments while acquitting a 39 year old man, who has been sentenced three years jail by trail court under protection of children from sexual offences (Pocso) Act and section 8 for pressing the breast of minor. 

Justice said their should be stricter proof before offering an stringent punishment of three to five years imprisonment under Pocso Act.

“Evidently, it is not the case of the prosecution that the appellant removed her top and pressed her breast, “ Said Justice Ganediwala adding, “ The act of pressing of breast of the child aged 12 years , in the absence of specific detail as to whether her breast, would not fall in the definition of sexual assault””. 

But it would attract punishment of molestation under section 354 of the Indian Penal code (IPC), said the HC, and convicted for the minor offence. He was sentenced to one year in Jail.  As reported by Times of India. 

The HC said the issue before it was whether ‘pressing of breast’ and ‘attempt to remove salwar’ would fail within the definition of ‘sexual assault’ as defined under section 7 and punishable under section 8 of the pocso act. While public prosecutor MJ Khan argued the offence fell within the definition of ‘Sexual Assault’ , the HC held it was “not possible to accept” the prosecutor’s submission. The court said the “basic principle of criminal jurisprudence is that punishment shall be proportional to seriousness of crime”.

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