Bombay HC: Unzipping pants, holding minor’s hand not ‘sexual assault’

Nagpur, Jan 28 : The Bombay High Court (Nagpur Bench) has ruled that “unzipping pants or holding a minor’s hand” does not amount to ‘sexual assault’ under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
This came on the original complaint filed by a woman who came to her home one afternoon and found the accused with his pants unzipped flashing his private parts as he held the hand of her 5-year-old daughter and asked her to come to bed with him.
When she saw this, she hurled abuses at him after which he released her daughter, who later informed her that the accused wanted her to get into bed and sleep with him.
The verdict by Justice Pushpa V. Ganediwala came in a criminal appeal against the conviction and imprisonment of one year and five-year jail plus fines under different laws, awarded to the 50-year-old man for molesting the 5-year-old girl, by the Special Judge of Special POCSO Court, Gadchiroli, in October 2020.
Partly allowing the appeal, the Bombay HC quashed aside the jail sentence of 5 years under the POCSO Act and modified the imprisonment as per the Indian Penal Code (IPC) to the extent the appellant-accused has already served as an undertrial.
While considering these aspects, the high court referred to the definition of ‘sexual assault’ under Sec. 7 of POCSO Act: “Whoever with sexual intent touches vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.”