The Supreme Court on Thursday quashed the Bombay High Court judgment that held that “skin-to-skin” contact was necessary for the offence of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act.
Calling it a “narrow interpretation of the law”, the court set aside a Bombay High Court judgement that had acquitted a man saying, groping a minor’s breast without ‘skin to skin contact’ can’t be termed as sexual assault under POCSO.
A Bench headed by Justice UU Lalit, S Ravindra Bhat and Bela M Trivedi held that the ingredient of the offence of ‘sexual assault’ under POCSO is sexual intent and skin to skin contact in such incidents is not relevant.
“The most important ingredient of for constituting the offence of sexual assault is sexual intent and not skin to skin contact with the child. Construction of a rule should give effect to rule rather than destroying it. The intention of legislature cannot be given effect to unless wider interpretation is given,” the Court said.
The apex court further said that restricting the meaning of “touch” to “skin-to-skin” contact would lead to “narrow and absurd interpretation” and destroy the intent of the Act, which was enacted to protect children from sexual offences.
The Bombay High Court had on January 19 ruled that pressing the breast of a 12-year-old child without removing her clothes will only fall within the definition of outraging the modesty of a woman under Section 354 of the Indian Penal Code (IPC) and not sexual assault under the POCSO. It had, therefore, acquitted a man for an offence under Section 7 of POCSO on the ground that the victim was clothed and there was no “skin-to-skin” contact.
