New Delhi: The Youth Bar Association has challenged the Bombay High Court verdict in the apex court. Recently, the Bombay High Court in an order said that touching a minor's breast without a 'skin to skin' contact will not fall under the POCSO Act under the category of sexual exploitation. The Nagpur Bench of the Bombay High Court had said that mere touching of a minor's chest would not be called a sexual assault.
The Bombay High Court had said that the sexual assault would be called when the accused had physical contact by removing the victim's clothes or putting his hand in clothes. The National Commission for Protection of Child Rights (NCPCR) had objected to a Bombay High Court judgement. This is the case of 2016. Convict Satish Bandu Ragde had taken the 12-year-old girl to her home and pressed the girl's chest. When the girl did not return home, her mother turned out to find her. The mother found the girl at Ragde's house.
Later, the child told the mother that Ragde had taken her home by asking her to give her guava and she pressed her chest. A single bench of Justice Pushpa Gandiwala pronounced the verdict during a hearing in the Nagpur Bench of the Bombay High Court, where the accused was acquitted under section 8 of the POCSO Act, which could have received a minimum sentence of three years.
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