Mere Touch Cannot Be Termed 'Penetrative' Sexual Assault Under POCSO Act, Says Delhi High Court; Convicts Man for 'Aggravated' Sexual Assault on Minor Girl
The high court bench of Justice Amit Bansal further said that a mere touch cannot be interpreted to mean the "manipulation" of a body part to cause penetration for penetrative sexual assault. "Touch" is a separate offence, the court said.
The Delhi High Court on Monday, November 6, said that a mere touch cannot be termed as "penetrative" sexual assault, as defined under Section 3(c) of the Protection of Children from Sexual Offences Act. The high court bench of Justice Amit Bansal further said that a mere touch cannot be interpreted to mean the "manipulation" of a body part to cause penetration for penetrative sexual assault. "Touch" is a separate offence, the court said. The court made these observations while convicting a man for committing aggravated sexual assault on a minor girl but not of "penetrative" sexual assault. Child Sexual Abuse Serious Issue, Duty of Court To Award Adequate Punishment to Accused Irrespective of Background and Domestic Responsibilities, Says Delhi High Court.
HC on POCSO Act
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