The Delhi High Court has said in the absence of sexually motivated advances, touching and pressing minor girl’s lips and sleeping next to her cannot attract prosecution for “aggravated sexual assault’ under POCSO Act.
Justice Swarana Kanta Sharma observed the acts might violate her dignity and outrage her modesty but without “overt or inferred sexual intent” would fall short of meeting the legal threshold required to sustain a charge under section 10 of Protection of Children from Sexual Offences Act (POCSO Act).
The judge, however, ruled that there was a clear prima facie case under Section 354 of IPC for ”assault or criminal force to woman with intent to outrage her modesty”.
The court passed the judgement on February 24 while deciding the plea of the uncle of a 12-year-old minor girl against framing of charges under Section 354 IPC and Section 10 of POCSO Act against him.
The court sustained the charge under Section 354 but discharged him under section 10 of POCSO Act. Essential ingredients of an offence under Section 354 of the IPC are squarely met. This provision criminalises the use of criminal force or assault against a woman with the intent to outrage her modesty or with the knowledge that such an act is likely to do so,” the court said.
Referring to Supreme Court’s rulings, the court said the apex court has repeatedly said modesty, in the context of Section 354 of IPC, must be interpreted in light of the dignity and bodily autonomy of a woman, or a minor girl.