Groping without 'skin to skin' contact is not sexual assault, rules Bombay High Court

Bombay High Court observed that groping without 'skin to skin contact' does not amount to sexual assault during a recent ruling. Moreover, Court also stated that 'mere groping' does not fall under sexual assault, ding that 'skin-to-skin contact with sexual intent' was required for deed to be labelled as 'sexual assault'.

Nagpur bench of Bombay High Court was listening to plea of a man who h been convicted for sexually assaulting a 12-year-old girl. accused h been held guilty of sexual assault after he pressed her breast and attempted to remove her salwar while luring her to his house. While mor of victim h reached site and prevented any furr wrongdoing, family h lodged an FIR against accused who h been sentenced to jail by lower court under various sections including POSCO Act. 

Bombay HC's single-judge bench heed by Justice Pushpa Ganediwala however, stated that act did not amount to 'sexual assault' unless  accused 'removed clos of victim or slid hands inside garments, making it a physical or skin-to-skin contact.' "mittedly, it is not case of prosecution that accused removed her top and pressed her breast. As such, re is no direct physical contact i.e. skin-to-skin with sexual intent without penetration," said Justice Ganediwala. 

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" act of pressing breast of a child aged 12 years, in absence of any specific detail as to wher top was removed or wher he inserted his hand inside her top and pressed her breast, would not fall under definition of ‘sexual assault', it would certainly fall within definition of section 354 of IPC, which penalises outraging modesty of a woman," judge held.

Modifying conviction of accused man, Bombay High Court acquitted him under Section 8 of POCSO Act, sentencing him to rigorous imprisonment for 1 year and a fine of Rs 500. " appellant is acquitted under Section 8 of POCSO Act and convicted under minor offence u/s 354 of IPC and sentenced him to undergo R.I. for one year and to pay fine of Rs.500/," it ruled. 

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