: ‘Skin-to-skin’ judgement: SC quashes Bombay HC ruling, says sexual intent most important ingredient #IndiaNEWS The Supreme Court on Thursday set aside a Bombay High Court ruling that held that

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‘Skin-to-skin’ judgement: SC quashes Bombay HC ruling, says sexual intent most important ingredient #IndiaNEWS
The Supreme Court on Thursday set aside a Bombay High Court ruling that held that “skin-to-skin contact� between an accused person and a minor was necessary to establish a case under the Protection of Children from Sexual Offences Act, commonly known as the POCSO Act, reported Bar and Bench. The verdict was delivered by a bench of Justices UU Lalit, Ajay Rastogi and Bela M Trivedi that was hearing a batch of petitions against the controversial verdict by the Nagpur bench of Bombay High Court passed on January 19.In its order, Justice Pushpa Ganediwala of the Nagpur bench had held that groping a minor’s breast without removing her clothes did not fall into the category of sexual assault defined under Section 7 of the POCSO Act.She had made the observation while modifying an order by a sessions court that held a 39-year-old man guilty of sexual assault. The accused man had allegedly taken a 12-year-old to his house on the pretext of giving her a guava, and had groped her breast and attempted to remove her salwar.The Supreme Court had stayed the High Court order, saying that the judgement was “unprecedented� and “is likely to set a dangerous precedent�.On Thursday, the Supreme Court held that sexual intent was the most important ingredient constituting...Read more

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