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

LIVELAW NEWS NETWORK

6 Aug 2021 8:37 PM IST

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Controversial Skin-to-Skin Judgment In POCSO Case : Supreme Court Posts Attorney Generals 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...

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.

The Single bench of Justice Pushpa Ganediwala passed the impugned judgment while modifying the order of the Sessions Court which held a 39-year-old man guilty of sexual assault for groping a 12- year- old- girl and removing her salwar.

In paragraph no. 26 of the impugned order, the Single Judge had held that "there is no direct physical contact i.e. skin to skin with sexual intent without penetration". "The act of pressing of breast of the child aged 12 years, in the absence of any specific detail as to whether the top was removed or whether he inserted his hand inside top and pressed her breast, would not fall in the definition of 'sexual assault'", the judgment held.

Along with the above matter, the Supreme Court is also considering the appeal filed by the State of Maharashtra against another controversial judgment of Justice Pushpa Ganediwala which held that the act of holding a minor girl's hands and opening the zip of pants will not come under the definition of "sexual assault" under the Protection of Children from Sexual Offences Act 2012.

Following the controversy, the Supreme Court Collegium recommended against making Justice Pushpa Ganediwala a permanent judge of Bombay High Court and her term as an additional judge was extended for one more year.

(Cases : Attorney General for India vs Satish and another, State of Maharashtra vs Libnus and connected cases)

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

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