In a recent announcement, the Nagpur Bench of the Bombay High Court came up with a verdict which announced that merely groping any minor girl without a “skin to skin without sexual intent” will not be considered any kind of sexual assault and no case on such will be registered any longer.
The verdict was put forth by the single judge bench of Justice Pushpa Ganediwala while modifying a conviction of a man alleged for sexual assault of a minor 12 year old girl. The HC declared that any sexual assault under POSCO will be defined as an offence, however, the act should be committed with an intent for sexual desire wherein touching the private parts of the girls or making them touch the private parts of the accused.
Following such a controversial verdict, Justice Ganediwala added that “The act of pressing the breasts of a child aged 12 years, in absence of any physical proof of direct contact, will not fall under the defination of sexual assault. Although, it would certainly fall under section 354 of the IPC, penalising outrage of girl’s modesty”.
On this verdict, netizens have demarcated this decision as totally illogical and baseless. Many believe that sexual assault is a serious and heinous crime and therefore should be strictly handled. Serious consideration is highly needed with proper actions against the asaulter, with due respect, conserving the modesty of the girl.
