New Delhi: The Supreme Court today set aside the Bombay High Court order that held that ‘skin-to-skin’ contact was necessary for the offence of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act.
A bench headed by Justice U U Lalit set aside the high court judgement, and said the most important ingredient of constituting sexual assault is sexual intent and not skin-to-skin with the child.
The purpose of the law cannot be to allow the offender to escape the meshes of the law, the top court said.
The bench, also comprising Justices S Ravindra Bhat and Bela M Trivedi, added: ‘We have held that when the legislature has expressed clear intention, the courts cannot create ambiguity in the provision. It is right that courts cannot be overzealous in creating ambiguity.’
In a controversial ruling, the HC had acquitted a man of sexual assault charges under the Prevention of Children from Sexual Offences (POCSO) Act for groping a 12-year-old child.
The apex court directed the accused to surrender in four weeks and undergo a punishment of three years and five years punishment as awarded by the Special POCSO court.