New Delhi, November 18 : .The Supreme Court ruled that sexual intent is the main ingredient in sexual assault as per the POCSO Act.
This was in contrast to the Bombay High Court judgment that said that contact between skin and skin was required for the protection of children from sexual offences (POCSO Act) Act.A majority judgement was rendered by a bench consisting of U.U.justices.Lalit and Bela M.Trivedi stated that this would create a dangerous situation that would frustrate the Act’s very purpose.
According to the bench, the only thing that can constitute the offense of sexual assault under Section 7 is “sexual intent”, and not “skin-to skin” contact with the child.
Justice S.Ravindra Bhat delivered a separate judgement in which he agreed with the majority verdict dismissing appeals.
Justice Trivedi was the author of the majority judgment.He stated, “Whoever touches or causes to touch the breast, vagina or penis of a child, or the breasts of any person other than such person, is guilty of sexual assault.”
It was stressed that touching any part of a child’s body with sexual intention or other acts involving sexual contact could not be dismissed as trivial or considered minor or peripheral to the definition of sexual assault under Section 7 of The POSCO Act.
Sidharth Luthra was a senior advocate who represented the accused in court through the Supreme Court’s legal services committee.He claimed that the POCSO Act does not define the terms’sexual intent, touches, and physical contact.
Section 11 explains that any question involving’sexual intention’ is a factual question.
Luthra argued that because’sexual assault” is defined by the POCSO Act the IPC definitions of ‘assault and ‘criminal force cannot be imported to the POCSO Act.However, Section 2(2) permits importation of such words into the POCSO Act.
Luthra’s argument that Section 7’s definition of ‘physical contact” must be understood as “skin-to skin contact”, was rejected by the bench.
According to the top court, it could not ignore the possibility that traumatizing sexual assault on young children can have a lasting impact on their lives and possibly even cause mental health problems.
It added that “the suffering of victims in some cases may be unimaginable.”
According to the top court, “touch” was used only with respect to sexual organs.Physical contact has been used for all other acts.
If touched with sexual intent, touching any part of the body that involves physical contact would be considered “sexual assault” under Section 7 of POCSO Act.
According to the bench, limiting the meaning of the words “touch” or “physical contact” to only’skin to skin contact is not only a pedantic and narrow interpretation of Section 7 of POCSO Act but also absurd.
The Supreme Court reserved on September 30 its judgement on appeals against the Bombay High Court verdict.It acquitted a person according to the Act after he touched a girl’s chest with his breast.
A related matter was also decided by the highest court.The appeals of two men were dismissed under different sections of the POSCO Act.
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