Connect with us

News

India’s High Court Says Molesting Without Skin-On-Skin Contact Is Not Sexual Assault

Published

Sexual Assault
Source: Bombay Bar & Pintas

Follow us on Facebook, Youtube, Twitter, and Instagram for the latest stories and updates daily.

The High Court in India has ruled that groping a child through their clothes does not equate to sexual assault. This decision sparked outrage in the country among campaigners who have been fighting to address sexual abuse against women and children.

According to CNN, this happened during a judgement last week, where Bombay High Court judge Pushpa Ganediwala ruled that a 39-year-old man was not guilty for sexual assault on a 12-year-old girl. She said it was because he had not removed her clothes and therefore, had no skin-on-skin contact.

A9Dc02988Cf2B5Aa0Cd1310C7Dd66477424C7018

For illustration purpose only

The alleged assault took place in December 2016 when the man brought the girl to his house to give her guava. While they were there, the man allegedly touched the girl’s chest and tried to remove her underwear. He was then found guilty of sexual assault and sentenced to three years in prison by a lower court.

However, the man later appealed to the High Court.

On 19 January 2021, High Court Judge Ganediwala said that the incident couldn’t be defined as sexual assault under the national Protection of Children from Sexual Offences (POCSO) Act as “per the definition of ‘sexual assault’, a ‘physical contact with sexual intent without penetration’ is an essential ingredient of the offence,” according to CBS News.

“Considering the stringent nature of punishment provided for the offence, in the opinion of this court, stricter proof and serious allegations are required,” she wrote.

“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 the top and pressed her breast, would not fall in the definition of sexual assault,” said the court.

4 4

Judge pushpa ganesdiwala

Judge Ganediwala then acquitted the man of sexual assault but gave him a lesser charge of molestation and sentenced him to one year in prison.

“It is the basic principle of criminal jurisprudence that the punishment for an offence shall be proportionate to the seriousness of the crime,” she said.

India’s Protection of Children From Sexual Offenses Act 2012 does not explicitly state that skin-on-skin contact is needed to constitute the crime of sexual assault.

 

Also read: “It doesn’t have recording function” Miri Police Claim CCTV Footage Unavailable For Lockup Rape Case

Jail

Source: E&T
Source: Bombay Bar

Follow us on Facebook, Youtube, Twitter, and Instagram for the latest stories and updates daily.



Just In

My Post 1 2026 03 20T124059.074 My Post 1 2026 03 20T124059.074
News1 day ago

Pet Owner in Selangor Dragged to Court by Local Council for Keeping 2 Dogs at His Home Without Licences

A pet owner was dragged to court by the Kuala Langat Municipal Council (MPKL) after being discovered keeping two dogs...

Dd Ft 91 Dd Ft 91
News2 days ago

“Last trip before Raya” – Lorry Driver’s Excuse for Unsecured Load Fails, JPJ Kedah Issues Summons

The Road Transport Department (JPJ) has been carrying out operations across various districts ahead of the upcoming Hari Raya Aidilfitri...

Collage 65 Collage 65
News2 days ago

JPJ Fines Driving Instructor for Not Wearing Seatbelt While Teaching Learner Driver on Kedah Highway

In a recent incident in Jitra, Kedah, a driving instructor was reminded the hard way that road safety rules apply...

Dd Ft 89 Dd Ft 89
News3 days ago

M’sians Outraged as Kelantan Store Owner ‘Only’ Jailed 2 Weeks for Molesting Elderly Customer During Ramadan

A shocking incident took place in Mukim Pauh Sembilan, Bachok, Kelantan, during Ramadan, involving a customer of a grocery store...

Dd Ft 86 Dd Ft 86
News4 days ago

“Bring them home!” – M’sians Fume Over 3 Local Elephants Being Sent to Japan Despite Govt Assurance

Many Malaysians recently voiced concerns about the welfare of three local elephants after news spread that they were being transported...

Collage 63 Collage 63
News4 days ago

JPJ Officers Go Undercover as Passengers, Find Bus Driver Using Phone & Breaking Rules on JB-KL Journey

As Malaysians prepare for the busy Hari Raya Aidilfitri travel season, enforcement officers from the Johor Road Transport Department (JPJ)...

Dd Ft 81 Dd Ft 81
News5 days ago

Motorcyclist Killed On The Spot by Falling Tree in Alor Setar, City Council Offers ‘Compassionate Aid’ to Family

Just yesterday (15 March), a man tragically died on the spot while another was injured after a tree fell on...

Collage 61 Collage 61
News5 days ago

32yo M’sian Smashes PDRM Truck Window with a Hammer to Prove He Isn’t a “Snitch”, Gets Arrested

To prove a point, a 32-year-old man in Sarawak deliberately got himself arrested by the Royal Malaysian Police (PDRM). He...

Announcement

Latest Videos



TRENDING TODAY