Touching private parts of a child with sexual intent sufficient to construe sexual assault: HC
The Bombay High Court, while dismissing an appeal of a man convicted for sexual assault of a five-year-old girl in 2013, recently said that as per the Protection of Children from Sexual Offences (POCSO) Act, even touching the private parts with sexual intent is sufficient to construe it as sexual assault.
The court noted that the absence of injury mentioned in the victim’s medical certificate will not make any difference to her case as the crime fell within the purview of the POCSO Act.
A single-judge bench of Justice Sarang V Kotwal passed an order in an appeal by the man who was in November, 2017, convicted by special POCSO Act court in the city for offences punishable under section 354 (assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code (IPC) and section 8 (sexual assault) of the POCSO Act. He was sentenced to five years of rigorous imprisonment.