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

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 child or making teh child touch the same of the offender with sexual intent does not only constitute the offence of sexual assault but whoever does any other act with sexual intent which involves physical contact without penetration amounts to sexual assault, the court observed. Questioning what could be the intent behind a grown-up man kissing a 13-year-old, the court said, "In the instant case it is stated by the victim girl that the accused touched different parts of her body and also kissed her. In the instant case entering into the house of the de facto complainant in the absence of her and her husband, touching the body of the victim girl and kissing her shows that the accused had sexual intent and, therefore, the act involves physical contact by the accused with the victim and he was rightly convicted under Section 8 of the POCSO Act."