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

Collage 19 Collage 19
News14 hours ago

Thai Military Officer on KL-Bangkok Flight Allegedly Tries to Open Plane Door, Gets Restrained & Tied to Seat

A disruptive passenger was restrained and tied to his seat after allegedly attempting to open an aircraft door during a...

Dd Ft 54 Dd Ft 54
News14 hours ago

32yo M’sian Falls to Death from Apartment, Ah Longs Hound Family & GF Over His RM200k Debt

A 32-year-old accountant who had reportedly accumulated more than RM200,000 in debt to multiple loan sharks tragically fell to his...

Dd Ft 53 Dd Ft 53
News16 hours ago

After Viral ‘Mee Pok’ Incident, JAKIM Clarifies It’s Not Affiliated with “Halal Inquiry Company Direktori”

The Department of Islamic Development Malaysia (JAKIM) has addressed a recent incident involving the “Halal Inquiry Company Direktori”(HICD) social media...

Collage 17 Collage 17
News2 days ago

PDRM: Remanded Kedah Couple Allegedly Owe RM1.7 Million in ‘Duit Kutu’, 35 Police Reports Received

Police have received 35 reports linked to a woman detained over an alleged kutu (revolving credit) money scheme debt, involving...

Collage 8 1 Collage 8 1
News5 days ago

Malaysia Aviation Group to Introduce Mandatory Drug Tests for All Pilots & Cabin Crew After Jakarta Arrest Case

Malaysia Aviation Group (MAG) has introduced mandatory drug screening for all pilots across its airlines following the arrest of a...

Collage 14 Collage 14
News5 days ago

Batik Air Passenger Arrested After Allegedly Trying to Open Emergency Exit Mid-Flight From KL to Kochi

A Batik Air passenger was arrested after allegedly attempting to open an emergency exit door during a flight from Kuala...

Collage 12 Collage 12
News6 days ago

Kedah Couple ‘Missing’ for 2 Weeks Surrender to PDRM & Remanded 4 Days for Alleged RM25k Duit Kutu Scam

A husband and wife who were reported missing since 20 July have surrendered to the Royal Malaysia Police (PDRM) after...

Collage 10 Collage 10
News6 days ago

Lightning Strike Kills 24yo Thai Footballer During Match in Sg Golok, 12 Others Injured Including a Malaysian

A Thai footballer lost his life, while 12 other players, including a Malaysian, were injured after lightning struck a football...

Announcement

Latest Videos



TRENDING TODAY