Chest groping and squeezing with out eradicating garments from 12 yr outdated little one, not Sexual Assault: Bombay HC

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If a 12 year old child’s chest is squeezed or fondled without removing the top, it will not be considered “sexual assault” under the POSCO Act (Section 7): Bombay High Court.

The Court made it clear that this will fall within the scope of section 354 of the IPC, which states “to outrag the modesty of a woman”.

Section 8 of the POSCO Act provides for 3-5 years imprisonment, while Section 354 of the IPC provides for 1-5 years imprisonment.

Admittedly, it is not the case with the prosecution that the applicant took off her top and pressed it onto her chest. As such, there is no direct physical contact, i.e. skin to skin with sexual intent without penetration

The court cleared the perpetrator of all charges under the POSCO Act. The perpetrator has been charged under IPC, which is less punished than its POSCO counterpart.

background

The 12-year-old child was reportedly admitted to his home by the appeals leader. Girl was lured under the pretext of giving guava. The applicant allegedly tried to undress and put pressure on her chest.

But at that point the child’s mother came and saved her.

The court sentenced the perpetrator under both POSCO and IPC.

He turned to the Bombay Supreme Court and challenged the court’s conviction.

Bombay HC acquitted the perpetrator of all charges under the POSCO Act and retained the charges under Section 354 IPC.

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