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 24 Collage 24
News12 hours ago

Plot Twist: ASEAN Records Exposes Fake Letter & Unregistered NGO After Allegations Go Viral

The Malaysia-based private record recognition platform found itself at the centre of controversy after a letter allegedly from the ASEAN...

Dd Ft 7 Dd Ft 7
News15 hours ago

Married 42yo Seremban Teacher Charged with Grooming & Sexually Abusing Her 14yo Student Under Tree, In House

A 42-year-old Malaysian teacher has pleaded not guilty to five counts of sexual offences against her 14-year-old male student. Nurul...

Collage 26 Collage 26
News16 hours ago

“They are brave individuals” – All 29 Malaysian Global Sumud Flotilla Activists Have Been Kidnapped by Israel

Hope that humanitarian aid would finally reach the people of Gaza appeared to collapse on Tuesday night (19 May) after...

Dd Ft 6 Dd Ft 6
News18 hours ago

M’sian Woman in Her 80s Drives Against Traffic on PJ Highway While Trying to Find Exit, Gets Arrested

A video of a vehicle driving against the flow of traffic at KM10.8 of the Damansara-Shah Alam Elevated Expressway (DASH)...

Collage 25 Collage 25
News18 hours ago

“Unintentional mistake” – Health Dept Apologises & Clarifies Chinese-Language Dengue Card at KL Govt Clinic

The Federal Territories Kuala Lumpur and Putrajaya Health Department (JKWPKL&P) has issued an apology following controversy surrounding the use of...

Dd Ft 5 Dd Ft 5
News2 days ago

Melaka Teens as Young as 14 Assault & Strangle Female E-Hailing Driver After Failing to Pay Ride Fare

A female e-hailing driver went through a terrifying ordeal after being beaten by a group of passengers who were suspected...

Dd Ft 3 Dd Ft 3
News3 days ago

MARA Chairman Slams Netizens for Belittling Cadet Pilot Programme Prioritising Tahfiz Students

Recently, Majlis Amanah Rakyat (MARA) announced its decision to offer Science, Technology, Engineering, and Mathematics (STEM) Tahfiz students the opportunity...

Collage 17 Collage 17
News7 days ago

“Sg Buloh Prison is overcrowded” – Lawyer Urges Court to Release Trio Who Beat Up Man at Kepong Eatery on Bail

Three men accused of assaulting a long-haired man at a bak kut teh shop in Kepong were charged in the...

Announcement

Latest Videos



TRENDING TODAY