Plea filed in Supreme Court against Bombay High Court judgment on controversial POCSO Act acquittal

In regards to a judgement passed by the Bombay High Court which entered that a Convict was acquitted of charges under the protection of children from sexual offences (POCSO) act on the grounds of lack of direct physical contact with the victim who was a minor, a petition has been filed in the supreme court to appeal against it. It was stated by the Nagpur bench of the Bombay High Court on January 19th that under the section 7 of the POCSO act, the act of pressing the breast of a child age 12 years without actually removing her top will not fall under the definition of ‘sexual assault’. The Court explained in the judgement that there is no physical contact which means that there is no skin to skin contact with sexual intent without penetration. Such remarks of the court regarding the modesty of a girl child made in the judgement of Satish v State of Maharashtra was questioned by the Youth Bar Association. The acquittal of the Convict due to the situation not falling under Section was described as dastardly in the appeal. There were derogatory and defamatory remarks made in regard to the modesty of the child which were also in utter disregard to the applicable laws. This judgement has provoked various remarks on social platforms which in turn have urged the National Commission for Protection of Child Rights to prompt the government of Maharashtra to challenge this judgement.

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