Sexual intent of the offender, not skin-to-skin contact, forms assault: Supreme Court
3 years, 1 month ago

Sexual intent of the offender, not skin-to-skin contact, forms assault: Supreme Court

The Hindu  

November 18, 2021 12:44 pm | Updated 09:46 pm IST - NEW DELHI The Supreme Court on Thursday quashed a Bombay High Court decision to acquit a man charged with assault under the Protection of Children from Sexual Offences Act solely on the grounds that he groped the child over her clothes without ‘skin-to-skin’ contact. Comment | POCSO doesn’t brook dilution Section 7 mandates that “whoever with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault”. Mr. Venugopal had argued that the High Court order would set a “very dangerous precedent” and cripple the intention of the POCSO Act to punish sexual offenders. On January 19, a Single Judge of the Bombay High Court’s Nagpur Bench created a furore by acquitting a man under the POCSO Act and holding that an act against a minor would amount to groping or sexual assault only if there was “skin-to-skin” contact.

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History of this topic

Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation
1 month ago

Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation

Live Law  

The Patna High Court has ordered the release of a man in his sixties, previously convicted by a Sessions Court for the rape of his 12-year-old niece, citing the application of a wrong provision of the Protection of Children from Sexual Offences Act, 2012. Learned Trial Court has not noticed the facts that the alleged offence has been committed in …

Adult Sexual Predators Ought Not To Be Afforded Leeway By Micro Analysis Of Child Victim's Testimony: Sikkim High Court
1 month, 1 week ago

Adult Sexual Predators Ought Not To Be Afforded Leeway By Micro Analysis Of Child Victim's Testimony: Sikkim High Court

Live Law  

The Sikkim High Court recently set aside the judgment of a Trial Court by which it acquitted a person charged with Sections 9 and 9 of POCSO Act and Section 354 of IPC on the ground that Trial Court was in error in acquitting the accused despite the unwavering evidence of the child victim on record and her evidence being …

Chandigarh: Madrasa teacher held for sexually assaulting minor boy
2 months, 3 weeks ago

Chandigarh: Madrasa teacher held for sexually assaulting minor boy

Hindustan Times  

A 24-year-old teacher at a madrasa in Manimajra was arrested on Friday for allegedly sexually assaulting a 13-year-old student. {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} {{/userSubscribed}} Police said during school hours, the teacher called the boy and asked him to massage his legs, following which, he touched him inappropriately. {{^usCountry}} {{/usCountry}} The accused has been charged under the Protection of Children from Sexual …

'How Can POCSO Act Offence Be Termed Romantic?' : Supreme Court Slams HC Suggestion To Decriminalise 'Consensual' Sex Involving Older Teens
4 months ago

'How Can POCSO Act Offence Be Termed Romantic?' : Supreme Court Slams HC Suggestion To Decriminalise 'Consensual' Sex Involving Older Teens

Live Law  

The Supreme Court on Tuesday criticized the Calcutta High Court for observing in a judgment that the Protection of Children from Sexual Offences Act, 2012 must be amended to decriminalise consensual sexual acts involving adolescents above sixteen years. The Supreme Court further expressed disapproval of the High Court's suggestion that an exception must be carved out for "non-exploitative" sexual acts …

Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC
4 months, 2 weeks ago

Woman can also commit penetrative sexual assault in Pocso cases: Delhi HC

Hindustan Times  

The Delhi high court on Friday held that the offence of penetrative sexual assault under the Protection of Children from Sexual Offences Act can also be invoked against a woman. The court expanded the ambit of the provision while dealing with a plea filed by a woman challenging a city court’s March 2024 order of framing charges of penetrative sexual …

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor
9 months, 1 week ago

Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor

Live Law  

The Kerala High Court has held that any person regardless of gender and age can be an accused under the Protection of Children from Sexual Offences Act, 2012.It thus refused to quash the proceedings pending under the Act against a minor. The Kerala High Court has held that any person regardless of gender and age can be an accused under …

[POCSO Act] Kerala HC Upholds Conviction Of Father Accused Of Sexually Assaulting 9-Yr-Old Daughter, Says Life-Sentence Imposed By Trial Court Not Disproportionate
9 months, 1 week ago

[POCSO Act] Kerala HC Upholds Conviction Of Father Accused Of Sexually Assaulting 9-Yr-Old Daughter, Says Life-Sentence Imposed By Trial Court Not Disproportionate

Live Law  

The Kerala High Court in a recent POCSO matter rejected the appeal of an accused who was convicted for committing aggravated penetrative sexual assault on his nine-year-old daughter. The Court also rejected the argument of the accused that the sentence imposed of 5 years under the POCSO Act, and 1 year under the IPC, was disproportionate to the gravity of …

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry
10 months, 4 weeks ago

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry

Live Law  

The Madras High Court recently set aside the conviction and sentence imposed on a man accused of allegedly committing sexual assault on his neighbour on the false promise to marry. Justice KK Ramakrishnan observed that the prosecution had failed to prove the age of the victim girl to constitute an offence under the Prevention of Children From Sexual Offences Act. …

Simple Touch Not ‘Manipulation’ For Penetrative Sexual Assault Under POCSO Act: Delhi High Court
1 year, 1 month ago

Simple Touch Not ‘Manipulation’ For Penetrative Sexual Assault Under POCSO Act: Delhi High Court

Live Law  

The Delhi High Court on Monday ruled that a simple act of touch cannot be considered as manipulation for the offence of penetrative sexual assault under Section 3 of the POCSO Act.Section 3 of the POCSO Act states that a person is said to commit "penetrative sexual assault" if he manipulates any part of the child’s body so as to …

Calcutta High Court says every ‘female adolescent should control sexual urge’
1 year, 2 months ago

Calcutta High Court says every ‘female adolescent should control sexual urge’

The Hindu  

Calling for decriminalisation of consensual sexual acts involving adolescents above 16 years, the Calcutta High Court, in a recent order, suggested that every female adolescent should “control sexual urge/urges” and “protect her right to integrity of her body”. Hearing a case under the Protection of Children from Sexual Offences Act, the court set aside the conviction of the appellant, who …

Man gets 10-year jail term for sexually assaulting girl
1 year, 3 months ago

Man gets 10-year jail term for sexually assaulting girl

Hindustan Times  

Mumbai: A special POCSO court on Tuesday sentenced a 31-year-old man to ten years imprisonment for sexually assaulting a 13-year-old girl in February 2018 in Kurar Village, Malad East. HT Image The girl had gone to buy some grocery items when the accused took her to a secluded spot and sexually assaulted her, a police officer said, adding that the …

'Need To Hang Heads In Shame Over Such Crimes When Our President Is A Woman': Madras HC Upholds Conviction In Girl Child Sexual Assault Case
1 year, 4 months ago

'Need To Hang Heads In Shame Over Such Crimes When Our President Is A Woman': Madras HC Upholds Conviction In Girl Child Sexual Assault Case

Live Law  

Upholding the conviction of a man who sexually assaulted a 4.5-year-old girl, the Madras High Court recently said that "in an era when our President is a woman, we need to hang our heads in shame for such crimes being perpetrated on a daily basis". "Every girl child is considered as a reincarnation of Goddess and unless this evil of …

Undressing & Sleeping Over Minor Victim, Asking To Penetrate Her Private Part Amounts To ‘Sexual Assault’, Not Rape: Orissa High Court
1 year, 5 months ago

Undressing & Sleeping Over Minor Victim, Asking To Penetrate Her Private Part Amounts To ‘Sexual Assault’, Not Rape: Orissa High Court

Live Law  

The Orissa High Court has recently held that undressing a girl under the age of 12 years, sleeping over her and merely asking her to penetrate her private part with male organ of the accused does not amount to rape. or ‘penetrative sexual assault’ as defined in section 3 of the POCSO Act.” The Prosecution Case The victim was five …

POCSO Act | Courts Cannot Impose Less Than Minimum Sentence Prescribed : Supreme Court
1 year, 5 months ago

POCSO Act | Courts Cannot Impose Less Than Minimum Sentence Prescribed : Supreme Court

Live Law  

The Supreme Court observed that the Courts cannot impose sentence lesser than the minimum punishments prescribed in POCSO Act.The POCSO Act was enacted to provide more stringent punishments for the offences of child abuse of various kinds, the bench of Justices Abhay S. Oka and Rajesh Bindal observed.In this case, the Trial Court sentenced the accused to rigorous imprisonment for …

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence
1 year, 8 months ago

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence

Live Law  

While upholding the conviction of a man for sexually assaulting a minor child, the Madras High Court said that a child who is a victim of sexual assault, cannot be tutored to give evidence since it is incomprehensible for a child to understand a sexual act. Justice Anand Venkatesh noted that a child witness would broadly fall under two categories- …

Ejaculation Not Necessary Pre-Requisite For Purpose Of Proving 'Penetrative Sexual Assault' Under POCSO Act: Andhra Pradesh High Court
1 year, 8 months ago

Ejaculation Not Necessary Pre-Requisite For Purpose Of Proving 'Penetrative Sexual Assault' Under POCSO Act: Andhra Pradesh High Court

Live Law  

Upholding the conviction of an accused in a case of rape, the Andhra Pradesh High Court said all that is required to prove the offence of ‘penetrative sexual assault’, defined under Section 3 of the POCSO Act is, mere penetration. The counsel for the accused contended that the trial court did not properly appreciate the medical evidence on record and …

Mumbai Court Convicts Man Under POCSO Act For Rubbing 100 Rupees Note On Minor's Lips, Making Derogatory Comment; Awards One Year Rigorous Imprisonment
1 year, 10 months ago

Mumbai Court Convicts Man Under POCSO Act For Rubbing 100 Rupees Note On Minor's Lips, Making Derogatory Comment; Awards One Year Rigorous Imprisonment

Live Law  

A Mumbai Court recently convicted a man for sexual harassment and outraging the modesty of a child after he cat called and rubbed a 100 rupee note on a 16-year-old girl’s lips. Special Judge under Protection of Children From Sexual Offences Act, 2012, SC Jadhav held, “Moving a note of Rs.100/­ on the lips of the victim and then uttering …

POCSO Act - Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court
2 years, 1 month ago

POCSO Act - Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court

Live Law  

The Supreme Court observed that non-reporting of sexual assault against a minor child despite knowledge is a serious crime.More often than not, it is an attempt to shield the offenders of the crime of sexual assault, the bench of Justices Ajay Rastogi and CT Ravikumar said while setting aside the Bombay High Court order that quashed criminal proceedings against a …

Can't Equate Act Of Mutual Love Between Young Boyfriend-Girlfriend To 'Sexual Assault' Under POCSO Act: Meghalaya HC
2 years, 1 month ago

Can't Equate Act Of Mutual Love Between Young Boyfriend-Girlfriend To 'Sexual Assault' Under POCSO Act: Meghalaya HC

Live Law  

While quashing POCSO charges against a minor's partner, the Meghalaya High Court has observed that the term 'sexual assault' as per the POCSO Act cannot be attributed to an act where there is mutual love and affection between a young couple.The observation came from the bench of Justice W. Diengdoh while disposing of the plea preferred by the POCSO accused …

Slightest Penetration is Enough to Establish Rape, Says Meghalaya HC, Rejects POCSO Convict's Appeal
2 years, 1 month ago

Slightest Penetration is Enough to Establish Rape, Says Meghalaya HC, Rejects POCSO Convict's Appeal

News 18  

The Meghalaya High Court has recently held that penetrative sexual assault does not require deep or complete penetration and that even the “slightest penetration” would attract penal provisions under Protection of Children from Sexual Offences Act Act, 2012. The court has taken the view in a case concerning the rape of a seven-and-a-half-year-old girl by a 60-year-old man on March …

[POCSO Act] Child Sexual Abuse Increasing Alarmingly, Courts Must Imbibe Legislative Wisdom: Delhi High Court
2 years, 2 months ago

[POCSO Act] Child Sexual Abuse Increasing Alarmingly, Courts Must Imbibe Legislative Wisdom: Delhi High Court

Live Law  

Observing that offences against minors, especially sexual assault, are increasing alarmingly, the Delhi High Court on Tuesday stressed that it is necessary for the courts to "imbibe the legislative wisdom" behind enactment of the Protection of Children Against Sexual Offences Act. Observing that rape is a heinous crime which is abhorrent not only as against the victim but also against …

Seven Years After Release, Delhi High Court Sentences Man To 5 Years In Jail For Sexual Assault Of 4-Year-Old
2 years, 2 months ago

Seven Years After Release, Delhi High Court Sentences Man To 5 Years In Jail For Sexual Assault Of 4-Year-Old

Live Law  

More than 7 years after he was released on probation — even though he had spent just nine months in jail, the Delhi High Court has sentenced the man to five years rigorous imprisonment for sexually assaulting a four-year-old minor victim.The man was convicted for the offences under Section 363 of Indian Penal Code, 1860 and Section 10 of Indian …

POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court
2 years, 3 months ago

POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court

Live Law  

The Karnataka High Court on Friday allowed a petition filed by a minor boy and set aside the investigation initiated against him under sections of the Protection of Children from Sexual Offences Act for allegedly sexually assaulting a minor girl, following a mutual settlement having arrived at between the parties. It would not be inapt to notice that young children …

As Dumka & K'taka Mutt Cases Trigger Outrage, A Look at POCSO and Rising Crimes Against Minors
2 years, 3 months ago

As Dumka & K'taka Mutt Cases Trigger Outrage, A Look at POCSO and Rising Crimes Against Minors

News 18  

The latest cases under Protection of Children from Sexual Offences Act, involving the death of a minor girl in Jharkhand’s Dumka after being set on fire and the Karnataka seer accused of sexually assaulting minor girls, have sparked massive uproar. Allahabad HC’s observation received backlash on social media with users pointing out the Supreme Court’s earlier order which stated that …

Touching Child's Private Parts With Sexual Intent Sufficient To Attract POCSO Act, Absence Of Injury Not Relevant: Bombay High Court
2 years, 3 months ago

Touching Child's Private Parts With Sexual Intent Sufficient To Attract POCSO Act, Absence Of Injury Not Relevant: Bombay High Court

Live Law  

Merely touching the private parts of a child with sexual intent is enough for it to be construed as sexual assault under section 7 of the POCSO Act and a medical certificate demonstrating an injury is not mandatory, the Bombay High Court has held. "The absence of injury mentioned in the medical certificate will not make any difference to her …

Kerala court says sexual harassment invalid if woman wears provocative dress: When rulings let down women
2 years, 4 months ago

Kerala court says sexual harassment invalid if woman wears provocative dress: When rulings let down women

Firstpost  

From observation on marital rapes to what constitutes aggravated sexual assault under the POCSO Act, courts across India have made statements that have angered women and child right activists as well as people on social media. Here are a few such instances when rulings fell short of expectations Kozhikode sessions court in Kerala on Wednesday granted bail to author and …

Delhi High Court Modifies POCSO Conviction To Less Grave Offence, Orders Release As Convict's Imprisonment Exceeds Maximum Punishment
2 years, 4 months ago

Delhi High Court Modifies POCSO Conviction To Less Grave Offence, Orders Release As Convict's Imprisonment Exceeds Maximum Punishment

Live Law  

The Delhi High Court has held that a man accused of sexually abusing a minor cannot be punished under Section 6 of the POCSO Act for the offence of 'aggravated penetrative sexual assault' when the alleged act falls short of 'penetration'.The bench of Justice Jasmeet Singh held that without penetration, such act is only an attempt to rape or aggravated …

UP: Court Delivers Verdict in 9 Days, Sentences Man to Life Imprisonment for Sexually Assaulting 7-yr-old Boy
2 years, 5 months ago

UP: Court Delivers Verdict in 9 Days, Sentences Man to Life Imprisonment for Sexually Assaulting 7-yr-old Boy

News 18  

A special court in Kairana in Shamli district of Uttar Pradesh dealing with cases registered under the POCSO Act has sentenced a man to life imprisonment for sexually assaulting a seven-year-old boy. Judge Mumtaz Ali also slapped a fine of Rs 45,000 on the convict, Wasil, after holding him guilty under sections 377 and 506 of the Indian Penal Code …

Making Victim Naked Proves Culpable Mental State, Touching Private Part Not Required: Calcutta HC Upholds Conviction For Aggravated Sexual Assault In POCSO Case
2 years, 7 months ago

Making Victim Naked Proves Culpable Mental State, Touching Private Part Not Required: Calcutta HC Upholds Conviction For Aggravated Sexual Assault In POCSO Case

Live Law  

The Calcutta High Court on Friday upheld conviction for the offence of aggravated sexual assault under Section 10 of the Protection of Children from Sexual Offences Act by opining that surrounding circumstances like the accused making the minor victim girl naked prove the culpable mental state of the accused. Justice Bibek Chaudhuri also rejected the argument that since nobody saw …

'Even if victim's breasts were not developed': Calcutta high court ruling on sexual assault
2 years, 8 months ago

'Even if victim's breasts were not developed': Calcutta high court ruling on sexual assault

Hindustan Times  

The Calcutta high court has recently ruled that even if the breasts of an alleged sexual assault victim are not developed, the offence will be considered as a sexual assault as long as it's proved that the accused had touched the specific part of the body with sexual intent, LiveLaw reported. Touching the vagina, penis, anus or breasts of a …

POCSO : Supreme Court Issues Notice On Teacher's Plea Challenging Conviction For Aggravated Sexual Assault Of Student
2 years, 11 months ago

POCSO : Supreme Court Issues Notice On Teacher's Plea Challenging Conviction For Aggravated Sexual Assault Of Student

Live Law  

The Supreme Court of India on Monday issued notice in a plea challenging the Madras High Court's order confirming conviction and sentence imposed on a teacher for committing the offence of aggravated sexual assault with against a student under the POCSO Act.A Bench comprising Justice SK Kaul and Justice MM Sundresh has issued notice on the Special Leave Petition as …

Error corrected: The Hindu Editorial on interpreting POCSO Act
3 years, 1 month ago

Error corrected: The Hindu Editorial on interpreting POCSO Act

The Hindu  

The Supreme Court has done well to correct an egregious error of interpretation committed by a judge in the Nagpur Bench of the Bombay High Court in holding that sexual assault on a child victim would require “skin-to-skin” contact. It has set aside two judgments that acquitted two offenders against children from the graver charge of sexual assault, even while …

'Skin-to-skin' contact not necessary for sexual assault under POCSO Act: SC
3 years, 1 month ago

'Skin-to-skin' contact not necessary for sexual assault under POCSO Act: SC

India Today  

The Supreme Court set aside a judgment of the Bombay High Court that held that "skin-to-skin" contact was necessary for the offence of sexual assault under the POCSO Act. A bench of Justices UU Lalit, S Ravindra Bhat and Bela Trivedi said restricting the meaning of "touch" to "skin-to-skin" contact would lead to "narrow and absurd interpretation" and destroy the …

'Skin To Skin' Contact Not Necessary For POCSO Offence : AG, NCW Argue Before Supreme Court
3 years, 2 months ago

'Skin To Skin' Contact Not Necessary For POCSO Offence : AG, NCW Argue Before Supreme Court

Live Law  

The Supreme Court on Wednesday started hearing the plea by Attorney General for India against the acquittal of an accused in terms of Bombay High Court judgment which held that skin to skin contact is necessary to constitute sexual assault under S.8 of the POCSO Act. The Bombay High Court in its impugned order held that groping a child's breasts …

"No Reason To Indict Male Only": Calcutta High Court Holds That 'Voluntary Sexual Union' Will Not Attract POCSO, Acquits Accused
3 years, 3 months ago

"No Reason To Indict Male Only": Calcutta High Court Holds That 'Voluntary Sexual Union' Will Not Attract POCSO, Acquits Accused

Live Law  

The Calcutta High Court held that voluntary joint act of sexual union will not attract offence under Protection of Children from Sexual Offences Act, 2012.If the union is participatory in nature, there is no reason to indict only the male just because of the peculiar nature of anatomy of the sexual organs of different genders, Justice Sabyasachi Bhattacharyya observed.To convict …

Touching Cheeks Without Sexual Intent Wouldn't Attract Offence Of 'Sexual Assault' Under POCSO: Bombay High Court
3 years, 3 months ago

Touching Cheeks Without Sexual Intent Wouldn't Attract Offence Of 'Sexual Assault' Under POCSO: Bombay High Court

Live Law  

Touching the cheeks without sexual intent would not attract the offence of 'sexual assault', as defined under Section 7 of the POCSO Act, the Bombay High Court has observed on Friday, while granting bail to a man booked under various offences under POCSO.Granting bail to a 46-year-old man, the Bench of Justice Sandeep K. Shinde observed that primary evaluation of …

Touching Minor's Cheeks Without Sexual Intent is Not Sexual Assault, Says Bombay High Court: Report
3 years, 3 months ago

Touching Minor's Cheeks Without Sexual Intent is Not Sexual Assault, Says Bombay High Court: Report

News 18  

The Bombay High Court observed that touching cheeks without a sexual intent would not attract the offence of “sexual assault” under the Pocso Act. According to a report by Times of India, the court said primary evaluation of the material on record does not suggest the accused touched the minor’s cheeks with a sexual intent. The high court, though, clarified …

Touching cheeks of minor without sexual intent not sexual assault: Bombay HC
3 years, 3 months ago

Touching cheeks of minor without sexual intent not sexual assault: Bombay HC

India Today  

The Bombay High Court while granting bail to a man accused of inappropriately touching a minor girl said touching the cheeks without sexual intent is not sexual assault under the Protection of Children from Sexual Offences Act. "In my view, touching the cheeks without a sexual intent would not attract the offence of ‘sexual assault’, as defined under Section 7 …

Controversial 'Skin-to-Skin' Judgment In POCSO Case : Supreme Court Posts Attorney General's Appeal For Final Hearing On August 24
3 years, 4 months ago

Controversial 'Skin-to-Skin' Judgment In POCSO Case : Supreme Court Posts Attorney General's Appeal For Final Hearing On August 24

Live Law  

The Supreme Court on Friday posted the appeal filed by the Attorney General for India against the controversial judgment passed by the Bombay High Court in a POCSO case for final hearing on August 24.A bench comprising Justices UU Lalit and Ajay Rastogi also appointed Senior Advocate Siddhartha Dave as an amicus curiae in the matter.As per the impugned judgment, …

Supreme Court issues guidelines for trial of sexual assault cases setting aside rakhi-for-bail order
3 years, 9 months ago

Supreme Court issues guidelines for trial of sexual assault cases setting aside rakhi-for-bail order

India Today  

“Judges play — at all levels — a vital role as teachers and thought-leaders. The Supreme Court of India made this observation on Thursday as it detailed guidelines on how cases involving sexual assault must be handled. The Supreme Court emphasised the need to cultivate sensitivity among judges and lawyers in dealing with cases involving sexual assault. Such conditions should …

Skin to skin contact: SC agrees to hear NCW’s plea against Bombay HC verdict
3 years, 10 months ago

Skin to skin contact: SC agrees to hear NCW’s plea against Bombay HC verdict

The Hindu  

The Supreme Court Wednesday agreed to hear a plea filed by the National Commission for Women challenging the Bombay High Court verdict which said that groping a minor without "skin to skin contact" cannot be termed as sexual assault as defined under the Protection of Children from Sexual Offences Act. The bench, also comprising Justices A.S. Bopanna and V. Ramasubramanian, …

4 Shocking POCSO Orders By One Judge. But Is The Problem Bigger?
3 years, 10 months ago

4 Shocking POCSO Orders By One Judge. But Is The Problem Bigger?

The Quint  

The interpretation offered by her was swiftly condemned for having no basis in the wording of the law, and indeed going against the entire spirit of a law meant to address the seriousness of child sexual assault. When the judgment was brought to the Supreme Court’s notice a day later by the Attorney General, Chief Justice of India SA Bobde …

Impossible for Rape Accused to Gag Victim, Remove Clothes: Bombay HC Judge In News for POCSO Order
3 years, 10 months ago

Impossible for Rape Accused to Gag Victim, Remove Clothes: Bombay HC Judge In News for POCSO Order

News 18  

After her recent controversial order on sexual assault under POCSO, Justice Pushpa Ganediwala of the Nagpur bench of Bombay High Court recently acquitted a rape accused, stating that it seemed “highly impossible for a single man to gag the victim and remove her and his clothes at the same time without any scuffle.” Ganediwala recently acquitted a man accused of …

'She Has Vividly Described Her Love Relationship With Accused' : Bombay High Court Acquits Man Accused Of Raping Minor Girl
3 years, 10 months ago

'She Has Vividly Described Her Love Relationship With Accused' : Bombay High Court Acquits Man Accused Of Raping Minor Girl

Live Law  

The Nagpur Bench of the Bombay High Court has set aside the conviction and sentence of a 27 years old driver, accused of raping a minor girl on the ground that her testimony did not inspire confidence.The prosecutrix was aged 17 years and 9 months on the date of crime.The trial court had sentenced the accused to 10 years rigorous …

Holding girl’s hands, opening pant’s zip not sexual assault under POCSO, says Bombay HC
3 years, 10 months ago

Holding girl’s hands, opening pant’s zip not sexual assault under POCSO, says Bombay HC

Firstpost  

Nagpur: The Nagpur bench of the Bombay High Court has ruled that holding the hands of a minor girl and opening of the zip of pants does not fall under the purview of ‘sexual assault’ or ‘aggravated sexual assault’ of the Protection of Children from Sexual Offences Act. The high court noted that the definition of “sexual assault” under the …

Bombay High Court judge quashes another POCSO conviction
3 years, 10 months ago

Bombay High Court judge quashes another POCSO conviction

The Hindu  

The Nagpur Bench of the Bombay High Court on Thursday held that “The acts of ‘holding the hands of the prosecutrix’, or ‘opened zip of the pant’ in the opinion of this Court, does not fit in the definition of ‘sexual assault’ ”, and quashed the conviction of a man under the Protection of Children from Sexual Offences Act. He …

Holding girl's hands, unzipping pants 'no' sexual assault under POCSO: Bombay HC
3 years, 10 months ago

Holding girl's hands, unzipping pants 'no' sexual assault under POCSO: Bombay HC

India TV News  

The Nagpur bench of the Bombay High Court has ruled that holding the hands of a minor girl and opening of the zip of pants does not fall under the purview of ''sexual assault'' or ''aggravated sexual assault'' of the Protection of Children from Sexual Offences Act. The high court noted that the definition of "sexual assault" under the POCSO …

Opening Pants Zip Not 'Sexual Assault' under POCSO Act: HC Judge Who Ruled on Skin-to-Skin Contact
3 years, 10 months ago

Opening Pants Zip Not 'Sexual Assault' under POCSO Act: HC Judge Who Ruled on Skin-to-Skin Contact

News 18  

In another shocking ruling, the Nagpur bench of the Bombay High Court has held that “the act of holding a girl’s hands and opening the zip of pants will not come under the definition of sexual assault” under the Protection of Children from Sexual Offences Act 2012. While considering the appeal, Justice Gandewala noted the definition of “sexual assault” under …

Holding victim's hand or open pant zip of accused not sexual assault under POCSO Act: Bombay HC
3 years, 10 months ago

Holding victim's hand or open pant zip of accused not sexual assault under POCSO Act: Bombay HC

India Today  

Holding the hands of a minor or the zip of the pants of the accused being open at the relevant time does not amount to sexual assault under the Protection of Children from Sexual Offences Act, the Bombay High Court has held. The judgment was delivered by Justice Pushpa Ganediwala on January 15, four days before she held that groping …

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