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.

Jantar Mantar protest LIVE | CJP calls for nationwide candle march on Sunday; urges police to end siege at Jantar Mantar

Main accused in Maharashtra TET paper leak arrested from Bihar

Rahul Gandhi presses for Pradhan's removal; says students are India's future, Modi its past

'It was like being in North Korea': Wangchuk alleges harassment at Safdarjung before shift to Medanta

Opposition weighs moves as Centre readies to table tougher exam leak legislation

SCROLL FOR NEXT