New Delhi: The Supreme Court on Thursday delivered a major verdict on the skin to skin contact and POCSO law. The court in its order made it clear that POCSO law applies even without skin to skin contact in a sexual assault case. In fact, the Nagpur bench of the Bombay High Court acquitted an accused of sexual assault, saying that groping private parts of a minor without skin to skin contact is not covered by POCSO law.

Attorney General KK Venugopal had raised the issue in the Supreme Court. The court has now changed the high court's decision.  The Supreme Court in its judgement made it clear that the touch of the sexual part of the body with sexual intent is a matter of POCSO law. It cannot be said that the touch of the child from the top of the cloth is not sexual abuse. Such a definition will destroy the purpose of the POCSO Act to protect children from exploitation.

The Supreme Court convicted the accused acquitted by the Bombay High Court in the case. The accused was sentenced to 3 years under the POCSO Act. The court in its judgement defined the POCSO law, saying touching even with clothes under sexual intent comes under the POCSO Act. The word 'touch' is used for the private organ. While physical contact does not mean skin to skin contact.

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