Controversial 'Skin-to-Skin' Judgment In POCSO Case : Supreme Court Posts Attorney General's Appeal For Final Hearing On August 24

The Supreme Court on Friday posted the appeal filed by the Attorney General for India against the controversial judgment passed by the Bombay High Court (Nagpur Bench) in a POCSO case for final hearing on August 24.

A bench comprising Justices UU Lalit and Ajay Rastogi also appointed Senior Advocate Siddhartha Dave as an amicus curiae in the matter.

As per the impugned judgment, the High Court had acquitted an accused observing that groping of the breasts of a minor girl over her clothes will not amount to the offence of 'sexual assault' under Section 8 of POCSO. Holding that there should be 'skin to skin' contact to attract the offence under Section 8 POCSO, the High Court held that the act in question will only amount to a lesser offence of 'molestation' under Section 354 IPC.

The judgment created huge furore, attracting widespread condemnation and criticism. The Attorney General for India mentioned the matter before the Chief Justice of India, saying that the judgment sets a dangerous precedent.

On January 27, a bench led by the then CJI SA Bobde stayed the operation of the judgment to the extent of acquittal under Section 8 of POCSO.

Later, the State of Maharashtra and National Commission for Women also filed appeals against the judgment.