National Commission For Women To Move Supreme Court Challenging Bombay High Court's 'Skin To Skin Judgment' In The POCSO Case

The National Commission for Women (NCW) has decided to challenge the recent Bombay High Court Judgment (before the Apex Court) 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.]The NCW Chairperson Rekha Sharma today posted a tweet informing that NCW is challenging the Bombay High Court's Judgment in Satish Ragde v. State of Maharashtra (Dated 19-01-2021) before the Apex Court.1. @NCWIndia is challenging the Hon'ble Bombay High Court, Nagpur Bench judgement in Criminal Appeal No.161 of 2020, Satish Ragde v. State of Maharashtra dated 19.01.2021....— Rekha Sharma (@sharmarekha) January 25, 2021 In another tweet, she said,"This judgment will not only have cascading effect on various provisions involving safety and security of women in general but also put all the women under ridicule and has trivialized the legal provisions provided by the legislature for the safety and security of women."In related news, the National Commission for Protection of Child Rights (NCPCR) on Monday (25th January) asked the Government of Maharashtra to file an "urgent appeal" against this Judgment.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".

National Commission For Women To Move Supreme Court Challenging Bombay High Court's 'Skin To Skin Judgment' In The POCSO Case

Sparsh Upadhyay

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