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

Policeft 1 Policeft 1
News10 hours ago

Man Crashes Into Five Vehicles While Fleeing Police in Kuantan, Tests Positive for Meth

A man’s attempt to flee after being chased by police ended in an accident when the car he was driving...

Suspectft Suspectft
News10 hours ago

Man Armed With Knife Chases Sisters at Melaka Shopping Mall in Melaka, Suspect Has Been Arrested

Two sisters went through a terrifying ordeal when they were chased by an unidentified man armed with a knife at...

Pokemonft Pokemonft
News1 day ago

25yo S’porean Man Arrested for Pokémon Trading Card Scam After Victims Lose Over ~RM400k

A 25-year-old man has been taken into custody in connection with an alleged online scam involving the sale of Pokémon...

Leftoverft Leftoverft
News1 day ago

Seremban Nasi Kandar Owner Denies Reusing Leftovers, Says Food Was Washed to Feed Stray Animals

The owner of a nasi kandar eatery has refuted claims that his restaurant reuses leftover food after a video circulated...

Samanft Samanft
News2 days ago

JPJ Has Issued Nearly 500,000 Summonses Worth Over RM25 Million to Foreign Drivers Since 2023

The Road Transport Department (JPJ) issued a total of 482,742 summonses against foreign drivers over a three-year period from 2023...

Collage 17 Collage 17
News2 days ago

Malaysian Mum Caught Taking Drugs at Home in Front of Her Children, Including a Newborn

The authorities recently detained a Malaysian woman for drug abuse after she was found consuming drugs at home in front...

Collage 4 1 Collage 4 1
News2 days ago

Heavy Vehicles, Including Container Lorries, to Be Banned on Roads for Four Days During CNY

The Road Transport Department (JPJ) will implement a driving ban, or “road ban”, on goods and heavy vehicles in conjunction...

Collage 19 Collage 19
News2 days ago

Government Sets 50% Discount at Toll Plazas for 2 Days During CNY Period

Malaysian road users will enjoy a 50% discount on tolls nationwide during the Chinese New Year period. The government has...

Announcement

Latest Videos



TRENDING TODAY