Just touching forcefully is not sexual assault, skin to skin contact is necessary: Bombay High Court
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Hearing the Sexual Assault case, the Bombay HC (Bombay HC) of the Bombay High Court held that any activity would be considered as a sexual assault category only if there was a 'skin to skin contact with sexual intent'. The judgment also said that 'just touching forcefully' would not fall under the category of sexual assault.
In fact, recently a hearing on the petition of a sexual assault accused was heard in the High Court. The accused is accused of sexually abusing a minor girl. During the hearing of this case, the court said that merely touching the chest of a minor will not be called sexual assault. The court further said that sexual assault will be called when the accused makes physical contact by removing the clothes of the victim or putting their hands in clothes.
Explain that the accused was sentenced for sexual assault for touching and manipulating the breast of a 12-year-old girl. But later Justice Pushpa Ganediwala's single judge bench changed the conviction of the accused while giving the verdict. The accused was acquitted under Section 8 of the POCSO Act, in which he could get a minimum sentence of three years.
The judge said that due to lack of information, this incident cannot be classified as sexual assault. However, the judge also said that this would come under Section 354 of the IPC, which comes under the violation of shame of a woman.
Let us tell you that this case belongs to 2016, when the accused took the minor to his house on the pretext of giving guava. Here he molested the victim. When the minor's mother arrived there, she found the daughter crying. After this, an FIR was immediately lodged against the accused.
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