On Wednesday, the Supreme Court agreed to stay a contentious decision released by the Bombay High Court acquitting a man found guilty of assault under Section 354 of the Sexual Offences Protection of Children Act (POCSO) on the basis of the rationale that the accused had groped the victim over her clothing, meaning that there was no ‘skin-to-skin’ contact involved.
Following the involvement of Attorney General KK Venugopal, the case was taken up by a bench of the Supreme Court headed by the Chief Justice of India, Sharad A Bobde. AG KK Venugopal argued that the decision of the Bombay HC could create a “very dangerous precedent” and dilute the ability of the POCSO Act to provide sufficient justice in cases of sexual harassment.
The case in question relates to an incident in February 2020 when a 39-year-old man in Nagpur was accused of tackling the breasts of a minor who, under the pretext of offering her a fruit, allegedly lured her to his house.
The Nagpur bench, led by the Bombay High Court’s Justice Pushpa Ganediwala, which delivered its verdict on 19 January, overturned the judgment of a trial court (in Nagpur) that sentenced the accused to three years in prison under Section 8 of the POCSO, along with IPC section 354 (assault or criminal force intended to outrage the modesty of a woman).
“The defendant then appealed the conviction that led to the determination of the Bombay High Court that “no direct physical contact” was established under the POCSO Act, “skin to skin with sexual intent, without penetration” and therefore “would not lead to sexual abuse.
Justice Pushpa Ganediwala further added that “stricter proof and serious allegations are required” in view of the stringent punishment of between three and five years’ imprisonment that a conviction of sexual assault attracts.
