“Groping minor without touching isn’t sexual assault,” Indian Court’s ruling shocks the world
The court documents state that the man brought the child to his house on the pretext of giving her guava.
Recently, an Indian court has added a disturbing clause to the Protection of Children against Sexual Offences (POCSO) Act. According to reports, the court ruled:
Groping a minor girl without touching her skin is not sexual assault under the Protection of Children against Sexual Offences (POCSO) Act.
Indian media reported that after the court’s ruling, a man accused of groping a 12-year-old girl was acquitted by the judge. According to reports, Bombay High Court judge Pushpa Ganediwala stated:
The 39-year-old man was not guilty of sexually assaulting the 12-year-old girl because he had not removed her clothes, meaning there was no skin-on-skin contact.
The court documents state that the man brought the child to his house on the pretext of giving her guava. He touched the minor’s chest and tried to remove her underwear but was not declared guilty by the court.
The reports read:
The Indian high court dissolved charges of sexual assault against the man and held him guilty only under molestation punishable with one year under IPC Section 354.
Following the judgment, India’s attorney general KK Venugopal said:
This court order is disturbing and sets a dangerous precedent.
The AG requested the Indian court to take Suo moto cognizance as he was in the process of filing a petition against the order.
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