Supreme Court
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Attorney General KK Venugopal had also questioned the order in the court, which led to much discussion and controversy. He told the court that the verdict was likely to have serious repercussions. The AG had told the Supreme Court that the action of the Bombay High Court was disturbing and would create a false precedent. The court then stayed the verdict. The court also allowed the Attorney General to file a separate petition against the High Court order.
Also Read-‘Everything caught in the chest is not sexually abusive according to Pox’; Bombay High Court
The Mumbai High Court has ruled in favor of a 12 – year – old girl who was abducted and sexually assaulted after promising to pay her grandson. Justice Pushpa Ganediwala said that sexual intercourse with sexual interest or skin contact can only be considered as sexual harassment. Pox cannot be registered as sexual assault unless it touches a child’s chest. The court also ruled that a child could not be sexually abused without removing his clothes or holding them to his chest.
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The judge pointed out that offenses such as touching the private parts of children with sexual intent or touching the private parts of the accused with children are defined as sexual abuse under the Poxo section. Otherwise, any other form of physical contact with sexual intent may fall into this category.
‘In this case, the accused did not touch the child’s chest after taking off his clothes. That is, there was no direct physical contact or sexual contact with the skin, ‘the judge said, adding that in view of the punishment under the Pox Act, such serious allegations need to be substantiated.
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It does not fall under the definition of sexual assault in the absence of specific details as to whether a 12 – year – old child was pressed to the chest, stripped of her clothing, or handcuffed. However, the court ruled that he was guilty of attempting to molest a woman under section 354 of the IPC.
Women’s organizations and the National Commission for Women (NCW) have come out against the verdict, which raises many questions and doubts. This was followed by the intervention of the Supreme Court.
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