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

Anwarft Anwarft
News9 hours ago

PMX Dismisses Claims of Inaction in Viral Quran Case, Says Govt Taking Firm Action

Prime Minister Datuk Seri Anwar Ibrahim has dismissed claims that the government has failed to act on the incident involving...

Pokemonft 1 Pokemonft 1
News20 hours ago

Singapore to Crack Down on Trading Cards, Govt Says They’re Similar to ‘Gambling’ & Blind Boxes

Singapore is getting ready to regulate trading card packs due to them being seen as part of the wider “blind...

My Post 1 2026 02 27T140128.749 My Post 1 2026 02 27T140128.749
News2 days ago

64yo Perak Eatery Owner Pleads for Minimum Sentence After Killing Stray Dog with Firecracker, Fined RM2k

A restaurant owner was fined RM2,000 by the Batu Gajah Magistrate’s Court today (27 February) after pleading guilty to committing...

Collage 6 2 Collage 6 2
News2 days ago

An Influential M’sian Figure & Foreign Media are Allegedly Plotting to Overthrow Govt, PDRM Reveals

The Royal Malaysia Police (PDRM) confirmed today (27 February) that an influential figure is allegedly attempting a coup d’état. Inspector-General...

My Post 1 2026 02 26T153109.362 My Post 1 2026 02 26T153109.362
News3 days ago

“We support dakwah” – Hannah Yeoh Says DBKL Only Seized ‘Street Dakwah’ Tent After Public Complaint

The enforcement action conducted by Kuala Lumpur City Hall (DBKL) against a ‘Street Dakwah’ stall in Bukit Bintang, where a...

Collage 70 Collage 70
News3 days ago

28yo M’sian Arrested in Singapore as Over 1,000 Packs of Contraband Cigarettes Found Hidden in Car

Officers from the Singapore Immigration & Checkpoints Authority (ICA) have detained a Malaysian man who attempted to smuggle a large...

Dd Ft 29 Dd Ft 29
News4 days ago

Court Overturns RM5,500 Fine for Vellfire Driver Who Assaulted Elderly Man, Sentenced to 4 Months’ Jail Instead

A 52-year-old businessman was hit with a RM5,500 fine by the Magistrate’s Court after pleading guilty to two charges of...

Collage 68 Collage 68
News4 days ago

“Dr Sam for Malaysia” – PAS Youth Names T’ganu MB as PM Candidate, Says State Prospered Under Him

With the 16th General Election (GE16) expected to be approximately two years away, the Malaysian Islamic Party (PAS) Youth wing...

Announcement

Latest Videos



TRENDING TODAY