Anushka Mansharamani
The Supreme Court stayed the order passed by the Bombay High Court that held that the pressing of a breast of a 12-year-old child without removing her top would not be considered as sexual assault as per Section 7 of the POCSO.
The Apex Court stated, “Bombay High Court has apparently acquitted the accused under Section 8 of POCSO on the ground that the accused had no sexual intent to commit offence under POCSO because there was no skin-to skin contact. Attorney General submitted that the order in question is unprecedented and is likely to set a dangerous precedent.”
The Apex court stayed the order as Attorney General KK Venugopal mentioned the order passed in front of the CJI-led bench on 27th.
The bench further allowed the attorney general to file an appropriate petition against the order and in the meantime stayed the order.
The Bombay High Court had passed the order on 19th January stating that pressing the breast of a 12-year old child without removing her clothes falls only under Section 354 of the Indian Penal Code.