The Supreme Court has set aside a judgement of the Bombay High Court that held “skin-to-skin” contact was necessary for the offence of sexual assault under the POCSO Act.
“Touching through clothes/sheet with sexual intent is covered in the definition of POCSO. Courts should not be overzealous in searching for ambiguity in words that are plain,” the Supreme Court said. “Narrow pedantic interpretation that would defeat the purpose of the provisions cannot be allowed,” the court further said.
The top-court made the observations during hearing appeals by Attorney General KK Venugopal, NCW and State of Maharashtra against the ruling of hearing from Nagpur Bench of Bombay High Court.
Earlier on January 27, the Supreme Court stayed the order and said “groping a minor’s breast without ‘skin to skin contact’ cannot be termed as sexual assault”.
