Holding Girl’s Hands, Opening Pant Zip Not Sex Assault: Bombay High Court

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Nagpur: The Nagpur seat of the Bombay High Court has decided that holding the hands of a minor young lady and opening the hurdle of her jeans doesn’t fall under the domain of ‘rape’ or ‘irritated rape’ of the Protection of Children from Sexual Offenses (POCSO) Act.

The perception was made by a solitary seat of Justice Pushpa Ganediwala on January 15 while passing a request on an allure recorded by a 50-year-elderly person testing a meetings court’s structure sentencing him for explicitly attacking and attacking a five-year-old young lady.

The convict, Libnus Kujur, was in October 2020 sentenced under areas 354-A (1)(i) (insulting unobtrusiveness) and 448 (house-trespass) of the IPC and segments 8 (rape), 10 (bothered rape) and 12 (lewd behavior) of the POCSO Act. He was condemned to five years in prison.

In her judgment, Justice Ganediwala noticed that while the indictment has set up that the blamed went into the house for the young lady with an aim to shock her humility or explicitly annoy her, it has not had the option to demonstrate the charge of ‘rape’ or ‘disturbed rape’.

The high court noticed that the meaning of “rape” under the POCSO Act says that there must be “actual contact with sexual aim without infiltration”.

“The demonstrations of ‘holding the hands of the prosecutrix (casualty)’, or ‘opened dash of the gasp’ as has been supposedly seen by the indictment witness (mother of the young lady), in the assessment of this court, doesn’t fit in the meaning of ‘rape’,” Justice Ganediwala said.

The high court additionally said that current realities of the current case are not adequate to fix the criminal obligation on the charged (Kujur) for the supposed offense of bothered rape.

“And no more, the minor offense culpable under segment 354-A(1)(i) of the IPC read with area 12 of the POCSO Act is demonstrated against the litigant (Kujur),” the court said.

The indictment’s case is that Kujur had on February 12, 2018 went into the place of the casualty when her mom had gone to work.

At the point when the mother got back from work, she found the blamed holding the hand for her little girl with the hurdle of his jeans open.


 

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