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mahek kapoor   26 January 2021

Pocso act

What is the judgement passed by the Bombay HC judge regarding the POCSO act? Should the verdict be passed as per the definition word-to-word or should the essence of the act be adhered to?


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 1 Replies

SHIVEK J.   26 January 2021

Greetings,

The Nagpur Bench of the Bombay High Court ruled that tapping a child's breasts without 'skin-to-skin touch' would constitute intrusion under the Indian Penal Code, but not the more extreme crime of 's*xual assault' under the Act on the Protection of Children from Sexual Offenses (POCSO).

A single bench of Justice Pushpa Ganediwala made the point, thus changing the decision, a court of sessions that found a 39-year-old man guilty of exaggerated abuse on a 12-year-old girl and taking her salwar.

The court has now sentenced the man under Section 354 IPC (outraging the modesty of a woman) to one year's imprisonment for a minor offence (Satish v Maharashtra State).

The sessions court held him guilty under Sections 354, 363 (kidnapping), and 342 (wrongful restraint) of the Indian Penal Code and also under Section 8 of the Protection of Children from Sexual Offences Act, 2012.

According to the court, s*xual harassment under Section 8 of the POCSO Act will result in a minimum sentence of three years relative to the exaggeration of a woman's modesty under section 354 of the IPC, which is subject to a minimum penalty of only one year. Both offences are subject to a mandatory incarceration of five years.

In the concept of s*xual harassment, the court interpreted the term "physical contact" as implying "direct physical contact- direct physical contact i.e. skin -to- skin contact with s*xual intent without penetration."

Hope this answers your query.

Regards


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