New Delhi: The Bombay High Court's decision not to criminally commit a minor's chest without touching a 'skin to skin' contact has been challenged in the apex court. The Supreme Court has stayed the Bombay High Court judgement. Recently, the Bombay High Court had in an order said that touching a minor's chest without a 'skin to skin' contact would not fall under the POCSO Act as a sexual assault category but would be treated as an offence of molestation under section 354 of IPC.
The Youth Bar Association has taken the stand of the Supreme Court against the Bombay High Court order and filed a petition. On the case, the attorney general has said that the Bombay High Court's decision is not justified. He has sought the apex court's intervention in the case. While hearing the case, CJI Justice SA Bobdey said that we will cite detailed information from Bombay HC and at this time CJI has stayed the Bombay High Court's decision to acquit the accused.
The apex court has issued a notice in the case and the reply will be summoned within two weeks. In an order passed on January 19, Justice Pushpa Gandiwala of the Nagpur Bench of the Bombay High Court said that "sexually intended skin contact" is necessary to be treated as an act of sexual assault. Justice Galiwala said in her judgement that touching only does not come under the definition of sexual assault.
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