A Nagpur slot of Bombay High court recently stated that physical contact with sexual intention and absolute scrabbling would be count as a sexual assault. According to the high court, touching a minor's breast won't count as sexual assault until the top has been removed by the accused.
The ruling procedure takes place by the single-judge bench of Justice Pushpa Ganediawala while adjusting the principle of man ( accused of sexual assault). The judge acclaimed sexual assault under POCSO is termed as a crime where the evil must have committed with sexual intentions and touching the private part of a child or making a child touch the accused private parts. As per POCSO, a sexual act took place when the thing has been done indulging physical contact without penetration. Hence, three to five years imprisonment is considered for sexual assault the strict proof and serious charges should be there.
The judge added, the deed of pressing a child's breast in absence of having any further detail as to whether the top was removed or the accused had inserted his hands inside her top won't be considered as sexual assault, it could indulge within section 354 of IPC, which penalizes offending the decency of a woman. One and five years of imprisonment is considered under this section of crime.
The judge was taken with a criminal enchantment filed by a man, who was charged for violating an adolescent girl by pressing her chest and partly undress her. The accused had taken the child to his house apparel of offering guava, when her mother reached the house the girl was found crying. No sooner the FIR was filed as the girl told her mother what happened to her.