[Breaking] Supreme Court Stays Bombay HC Judgment Which Held ‘Skin To Skin’ Contact Necessary For ‘Sexual Assault’ Under POCSO Act

first_imgTop Stories[Breaking] Supreme Court Stays Bombay HC Judgment Which Held ‘Skin To Skin’ Contact Necessary For ‘Sexual Assault’ Under POCSO Act LIVELAW NEWS NETWORK27 Jan 2021 12:38 AMShare This – xThe Supreme Court on Wednesday stayed the acquittal of the accused under the Bombay High Court Judgment which held that pressing of breasts of a minor girl without disrobing does not amount to “sexual assault” within the meaning of Section 8 of POCSO Act.The order was passed by a bench headed by the Chief Justice of India on a mention made by the Attorney General, KK Venugopal.Attorney General…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court on Wednesday stayed the acquittal of the accused under the Bombay High Court Judgment which held that pressing of breasts of a minor girl without disrobing does not amount to “sexual assault” within the meaning of Section 8 of POCSO Act.The order was passed by a bench headed by the Chief Justice of India on a mention made by the Attorney General, KK Venugopal.Attorney General KK Venugopal submitted that the judgment which held that ‘skin to skin’ contact is necessary for sexual assault under POCSO Act is ‘unprecedented’ and is ‘likely to set a dangerous precedent’.CJI Bobde has directed AG to file proper petition challenging the judgment ,The Court has stayed the acquittal of accused under Section 8 of POCSO and issued notice to him returnable within 2 weeks.In the impugned judgment, the Nagpur Bench of the Bombay High Court held that such an act would amount to ‘molestation’ under Section 354 of IPC and not Sexual assault under section 8 of the POCSO Act.The Single bench of Justice Pushpa Ganediwala made this observation 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 court held, adding, “The act of pressing breast can be a criminal force to a woman/ girl with the intention to outrage her modesty”.Few days earlier, the National Commission for Women (NCW) had announced that it will challenge the impugned judgment, stating that the same will not only have cascading effect on various provisions involving safety and security of women in general but also put all the women under ridicule and has trivialized the legal provisions provided by the legislature for the safety and security of women.Meanwhile, the National Commission for Protection of Child Rights (NCPCR) has asked the Maharashtra Government to file an “urgent appeal” against the impugned judgment. The NCPCR chief in his letter underlined that it seems that the identity of the victim has been disclosed and the commission is of the view that the state should take note of this and initiate necessary steps.Click Here To Download Order[Read Order]Next Storylast_img read more

Over $250,000 awarded from RSRF

first_imgRising Sun, IN—The Rising Sun Regional Foundation (RSRF) awarded a total of $250,191 in 21 new grants in the second quarter of 2019.$20,000 to the City of Aurora toward playground equipment for its Powerscape Extra Innings Playground Replacement project at the Aurora ball fields;$1,000 to the Aurora Riverfront Beautification toward the 2019 Red, White & Boom festival;$9,640 to the Batesville Community School Corporation toward its Leveled Literacy Intervention system;$16,500 to the Batesville Fire & Rescue toward the purchase of a mechanical CPR device;$2,678 to the Batesville Youth Football League to seed and aerate a practice field;$18,754 to the Bear Branch Volunteer Fire Department toward the purchase of Self Contained Breathing Apparatus with attached thermal imaging cameras;$27,000 to the Milan Community School Corporation toward upgrades to classroom locks;$5,600 to the Town of Napoleon toward the purchase, installation, and calibration of an ultrasonic flow meter;$20,000 to Ohio County Emergency Management for computers and devices for Ohio County Sheriffs’ and Rising Sun Police Department’s vehicles;$6,000 to the Ohio County Public Library for new public computers;$2,000 to the Ripley County Humane Society toward the purchase of a lawn mower;$11,337 to the City of Rising Sun for the purchase of safety equipment for the police department;$7,000 to Rising Sun Family Medicine toward the replacement of flooring;$23,000 to the Rising Sun Ohio County Community School Corporation for security equipment;2,000 to the Rock Solid Families for incentives for its parenting series, Families Rock;$6,896 to the South Dearborn Community School Corporation toward its Campus Security Initiative;$40,000 to the Sunman Area Life Squad for a manual monitor/defibrillator and auto pulse system;$10,000 to the Tyson Community Advancement Foundation for renovations to the stage area at Tyson Activity Center;$2,400 to the Tyson Library Association toward the installation of an automatic door for the handicap entrance;$9,000 to the Town of Versailles for Pangburn Park improvements; and$9,386 to the Versailles Volunteer Fire Department for a six-position headset.Grant applications for the next grants cycle are due Monday, July 15, 2019, by 4:00 pm. Applications can be downloaded from the RSRF website by clicking here and can be emailed to Jascia Redwine at [email protected]last_img read more