Opening Pant's Zip & Holding Minor's Hand Not Sexual Assault : Bombay HC

Another strange judgment from Bombay HC. This time the court has held that holding a minor girl's hands and opening the pant's zip cannot be called "sexual assault" under the POCSO Act, but would amount to "sexual harassment" under Section 354-A(1)(i) of the IPC.

The court was hearing a case in which police had registered a case at the request of the mother of the victim who testified against the accused. The mother informed police that she saw the man who held her Daughter’s hand and opened his zip. She also informed that the said accused also removed his penis from his pant and asked her daughter to come to his bed and sleep with her.

The plea was filed by an accused challenging his conviction by The Session Court which previously had convicted him and ruled it to be "aggravated sexual assault" punishable under Section 10 of POCSO and sentenced him to five years of rigorous imprisonment and a fine of ₹25,000.

However, the court has set aside the Session Court’s judgment which held the accused guilty under Sections 8, 10, and 12 of the POCSO Act, but held him guilty under Section 354A (1) (i) IPC, which carries a maximum imprisonment of three years.

The ruling was pronounced by a single bench of Justice Pushpa Ganediwala, the same judge who in her recent judgment has said that “Groping of Breasts Without Removal of Dress Not Sexual Assault Under POCSO But Under IPC” which created controversies last week.