Holding lady’s fingers, unzipping pants ‘no’ sexual assault below POCSO: Bombay HC

Image Source : ANI Holding lady’s fingers, unzipping pants ‘no’ sexual assault below POCSO: Bombay HC
The Nagpur bench of the Bombay High Court has dominated that holding the fingers of a minor lady and opening of the zip of pants doesn’t fall below the purview of ”sexual assault” or ”aggravated sexual assault” of the Protection of Children from Sexual Offences (POCSO) Act.

The remark was made by a single bench of Justice Pushpa Ganediwala on January 15 whereas passing an order on an enchantment filed by a 50-year-old man difficult a periods courtroom”s order convicting him for sexually assaulting and molesting a five-year-old lady.

The convict, Libnus Kujur, was in October 2020 convicted below sections 354-A (1)(i) (outraging modesty) and 448 (house-trespass) of the IPC and sections 8 (sexual assault), 10 (aggravated sexual assault) and 12 (sexual harassment) of the POCSO Act. He was sentenced to 5 years in jail.

In her judgement, Justice Ganediwala famous that whereas the prosecution has established that the accused entered the home of the sufferer with an intention to outrage her modesty or sexually harass her, it has not been in a position to show the cost of ”sexual assault” or ”aggravated sexual assault”.

The excessive courtroom famous that the definition of “sexual assault” below the POCSO Act says that there must be “physical contact with sexual intent without penetration”.

“The acts of ”holding the hands of the prosecutrix (victim)”, or ”opened zip of the pant” as has been allegedly witnessed by the prosecution witness (mother of the victim), in the opinion of this court, does not fit in the definition of ”sexual assault”,” Justice Ganediwala mentioned.

The excessive courtroom additional mentioned that the details of the current case aren’t ample to repair the felony legal responsibility on the accused (Kujur) for the alleged offence of aggravated sexual assault.

“At the most, the minor offence punishable under section 354-A(1)(i) of the IPC read with section 12 of the POCSO Act is proved against the appellant (Kujur),” the courtroom mentioned.

The prosecution”s case is that Kujur had on February 12, 2018 entered the home of the sufferer when her mom had gone to work.

When the mom returned from work, she discovered the accused holding the hand of her daughter with the zip of his pants open.

The mom, whereas recording her proof within the decrease courtroom, had mentioned that her daughter had knowledgeable her that the accused individual had eliminated his personal half from the pant and requested the sufferer to come back to mattress for sleeping.

The excessive courtroom quashed Kujur”s conviction below sections 8 and 10 of POCSO Act, however upheld his conviction below the opposite sections.

The courtroom, nevertheless, mentioned it was modifying the sentence and famous that Kujur has thus far undergone 5 months in jail.

“Considering the nature of the act, which could be established by the prosecution and considering the punishment provided for the aforesaid crimes, in the opinion of this Court, the imprisonment which he has already undergone would serve the purpose,” the courtroom mentioned.

The courtroom mentioned the accused shall be let loose if he isn’t required in some other case.

Another judgment handed by Justice Ganediwala this month acquitting a 39-year-old man for groping a minor lady, noting that there was no “skin-to-skin contact with sexual intent” has confronted extreme flak.

The Supreme Court had on Wednesday stayed operation of this order after Attorney General Ok Ok Venugopal talked about the matter submitting that it was a really disturbing conclusion by the Bombay High Court.
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