Bombay High Court (Photo | PTI) 
India

Contest HC ruling on groping: Child rights body to Uddhav government

The Commission, in its letter to the state chief secretary Sanjay Kumar, said on Monday that prosecution has failed to represent  the case of the minor victim properly.

Sumi Sukanya Dutta

NEW DELHI: The National Commission for Protection of Child Rights (NCPCR) has urged the Maharashtra government to appeal against a Nagpur Bench of the Bombay High Court order which ruled that mere groping is not sexual assault and dropped charges under the Protection of Children from Sexual Offences (POCSO) act in a case.The order has attracted widespread criticism.

The Commission, in its letter to the state chief secretary Sanjay Kumar, said on Monday that prosecution has failed to represent  the case of the minor victim properly.

“If the prosecution had made the submissions as per the spirit of the Protection of Children from Sexual Offences Act, the accused would have been acquitted from the serious offence against the minor,” said  the letter.

It added that the remark that “skin to skin with sexual intention without penetration” also needs to be reviewed and the state should take note of this as it seems to be derogatory to the minor victim”.

The Nagpur bench of the Bombay High Court, last week, in a case had said that groping a minor’s breast without “skin to skin contact” cannot be termed as “sexual assault” under section 7 of the Protection of Children from Sexual Offences Act while clarifying that it will still constitute an offence under section 354 of the Indian Penal Code (IPC) which pertains to outraging the modesty of a woman.

'Is another Galwan unfolding?': Congress targets PM Modi over reported PLA face-offs in Arunachal

Trump says he ordered lawsuit to stop Alaska Senate result if Republican candidate loses

Delhi HC rejects Neha Bora’s plea to quash Rs 10,000 peace bond notice over protests

14 Indians safe after dhow incident off Yemen coast; efforts on to evacuate stranded Umrah pilgrims: MEA

India facilitates return of Dammam airport attack victim’s remains; injured nationals discharged