Skin To Skin Contact Ruling: SC Stays Acquittal Order Of Accused

Skin to skin contact ruling sees intervention from Supreme Court Of India: After much social media outrage over the Bombay High Court's judgement that said groping a minor without “skin to skin contact” isn’t sexual assault, SC has stayed on the acquittal order of the accused in the case.

Earlier this week, Justice Pushpa Ganediwala of the Nagpur bench at Bombay HC made the observation in connection with a case from 2016, where a 39-year-old man was accused of luring a 12-year-old girl to his house, and allegedly groping her breasts, while trying to undo her salwar.

Supreme Court stays acquittal order of the accused in the case where Nagpur Bench of Bombay High Court had said that groping a minor's breast without "skin to skin contact" can't be termed as sexual assault as defined under Protection of Children from Sexual Offences (POCSO) Act pic.twitter.com/9JlLFGkdOB

— ANI (@ANI) January 27, 2021

Justice Ganediwala had observed that since the accused groped the survivor without removing her top,  and the "sexual intent" behind his assault couldn't be proved, the offence cannot be termed as sexual assault. Read more here.

"Considering the stringent nature of punishment provided for the offence (under POCSO), in the opinion of this court, stricter proof and serious allegations are required, " read Justice Ganediwala's order dated January 19.

The order issues by SC bench, headed by Chief Justice of India, SA Bobde, read, "Bombay High Court has apparently acquitted the accused under Section 8 of POCSO on the ground that the accused had no sexual intent to commit offence under POCSO because there was no skin-to skin contact. Attorney General submitted that the order in question is unprecedented and is likely to set a dangerous precedent. We permit AG Venugopal to file a petition against the said order. In the meanwhile, we stay the acquittal of the accused with respect to the offence under Section 8 of POCSO Act. Issue notice to accused returnable in two weeks," as reported by Bar and Bench.

How does the POCSO Act define sexual assault?

According to the Protection of Children from Sexual Offences Act of 2012, when a person “with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.”

Image Credit: india.com

This is a developing story