The Supreme Court on Wednesday put a hold on the controversial judgement passed by the Bombay High Court which observed that pressing the breast of a 12-year-old child without ‘skin to skin contact’ is not termed as ‘sexual assault’ under section 7 of the POCSO Act.
The stay was passed by a bench headed by CJI SA Bobde after Attorney General KK Venugopal mentioned that "it is a very disturbing conclusion (by Bombay High Court), “ and would lead to a dangerous precedent.
The Bombay High Court had acquitted the accused on the ground that the accused has no intent to commit the crime. A petition by the Attorney General and Youth Bar Association of India has been filed challenging the Bombay High court verdict.
Bombay High Court judgement.
The High Court had on January 19 ruled that pressing the breast of a 12-year old child without removing her clothes doesn’t amount to sexual assault and cannot be defined as outraging the modesty of woman under Section 354 of Indian Penal Code (IPC). Whereas the punishment for sexual assault under Section 8 of the POCSO Act is imprisonment of 3-5 years, the punishment under Section 354 is imprisonment of 1-5 years.
Justice Pushpa Ganediwala modified the conviction of a man, 39, who was sentenced to jail for 3 years for sexually assaulting a 12-year-old girl. As per the prosecution and the minor victim's testimony in court, in December 2016, the accused, one Satish, had taken the girl to his house in Nagpur on the pretext of giving her something to eat. He gripped her breast and tried removing her clothes, Justice Ganediwala recorded in her verdict.
It was noted that under the POCSO act, sexual assault is an offence, however, it must be committed with sexual intent.
The judge opined that to term it as a crime the accused should get involved in touching the private parts of the child or make the child touch the private organs of the accused.
“Considering the stringent nature of punishment provided for the offence of sexual assault, a stricter proof and serious allegations are required", said the judge.
Popular opinion
The judgement was sharply condemned and people questioned the lady Judge if something similar would have happened to her or her daughter will she pass the same verdict?
Touching or groping someone without their consent is an assault on that person’s modesty. The view is deeply dangerous because it can leave an impact on the perpetrator that they could easily be done away with after committing a sexual crime. The conviction was even more shocking because it came from a woman, who should be safeguarding the modesty of female gender.
The Judge’s views were insensitive as she didn’t recognise what mental implications such actions could have on a child at such a tender age which can lead to mental trauma causing damage to the child's overall personality and future.
Now when everyone is talking about good touch and bad touch, one must understand that groping/pressing/touching a human’s body from outside or inside is the worn garment that accounts for a sexual attack.
SC’s interference into this verdict will be something that could prove that the judiciary is still worthy of providing justice to the people of this country and punish the wrongdoers.
Moreover, the SC should also strictly charge the woman judge for humiliating not only the law but also women in general.