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Bombay HC's 'Skin To Skin' Judgment: NCPCR Asks Maharashtra Government To File 'Urgent Appeal' Against The Judgment
Sparsh Upadhyay
25 Jan 2021 1:26 PM GMT
The National Commission for Protection of Child Rights (NCPCR) on Monday (25th January) asked the Government of Maharashtra to file an "urgent appeal" against a recent Bombay High Court Judgment which held that groping a child's breasts without 'skin-to-skin contact' would not amount to 'sexual assault' under the Protection of Children from Sexual Offenses (POCSO) Act. The Judgment by...
The National Commission for Protection of Child Rights (NCPCR) on Monday (25th January) asked the Government of Maharashtra to file an "urgent appeal" against a recent Bombay High Court Judgment which held that groping a child's breasts without 'skin-to-skin contact' would not amount to 'sexual assault' under the Protection of Children from Sexual Offenses (POCSO) Act.
The Judgment by the Bombay High Court (Nagpur Bench), however, held that such an act would in fact amount to 'molestation' under the Indian Penal Code [Section 354 IPC (outraging a woman's modesty)].
A single bench of Justice Pushpa Ganediwala made this observation last week while modifying the order of the Sessions Court which held a 39-year-old man guilty of sexual assault for groping a 12- year- old- girl and removing her salwar.
[NOTE: The High Court held the man guilty under sections 342 and 354 of the IPC while acquitting him under section 8 of the POCSO Act.]
In this backdrop, the Letter written by NCPCR Chairperson Priyank Kanoongo and addressed to the Maharashtra Chief Secretary notes that that if the prosecution had made the submissions as per the spirit of POCSO Act, then accused not have been acquitted from the serious offence against the Minor.
The Letter further reads,
"The remark 'skin to skin' with sexual intention without penetration' also need to be reviewed and the State should take note of this as it seems to be derogatory to the Minor Victim".
The NCPCR chief has, in his letter, also underlined that it seems that the identity of the victim has been disclosed and the commission is of the view that the state should take note of this and initiate necessary steps.
Requesting the State Government to file an urgent appeal against the Judgment, the letter concludes by saying,
"The Commission being the monitoring body under Section 44 of the POCSO Act 2012 requests to you to take necessary steps in the matter and file and urgent appeal against the Judgment…"
The Maharashtra Chief Secretary has also been requested to provide details (to the NCPCR) of the Minor (maintaining strict confidentiality) so that the commission can provide help such as legal aid etc in the best interest of the child .
Read Letter
