On 'Skin-To-Skin' Order In Sex Assault Case, Attorney General's Rebuttal

In its judgment of January 19, the Nagpur Bench of the Bombay High Court said groping a minor without "skin to skin contact" cannot be termed as sexual assault under POCSO (Protection of Children from Sexual Offences)".

A controversial order from the Bombay High Court in a case involving alleged sexual assault on a minor would mean that "someone can wear a surgical glove and exploit a child and get away scot-free," Attorney General KK Venugopal told the Supreme Court today. Multiple organisations, including the State of Maharashtra and the National Commission of Women, as well as the Attorney General, have challenged the order, contending that it would "set a dangerous precedent for society". In its judgment of January 19, the Nagpur Bench of the Bombay High Court said groping a minor without "skin to skin contact" cannot be termed as sexual assault under POCSO (Protection of Children from Sexual Offences)"."Since the man groped the child without removing her clothes, the offence cannot be termed as sexual assault," a single judge bench of Justice Pushpa Ganediwala said while acquitting a-39-year-old man in a case involving alleged sexual assault on a 12-year-old girl. Sexual assault carries a minimum jail term of three years under POCSO. But the court convicted him on charge of outraging a woman's modesty under the Section 354 of the Indian Penal Code, which carries a minimum jail term of one year. "The Bombay High Court order will set a precedent. This will have far-reaching ramifications," said Mr Venugopal, adding, "This would mean someone can wear a surgical glove and exploit a child and get away scot-free".