NewsBytes
    Hindi Tamil Telugu
    More
    In the news
    Narendra Modi
    Amit Shah
    Box Office Collection
    Bharatiya Janata Party (BJP)
    OTT releases
    Hindi Tamil Telugu
    NewsBytes
    User Placeholder

    Hi,

    Logout

    India
    Business
    World
    Politics
    Sports
    Technology
    Entertainment
    Auto
    Lifestyle
    Inspirational
    Career
    Bengaluru
    Delhi
    Mumbai

    Download Android App

    Follow us on
    • Facebook
    • Twitter
    • Linkedin
    Home / News / India News / Opening pant's zip not sexual assault under POCSO: High Court
    Next Article
    Opening pant's zip not sexual assault under POCSO: High Court

    Opening pant's zip not sexual assault under POCSO: High Court

    By Srijita Sen
    (PTI desk)
    Edited by Anamica Singh
    Jan 28, 2021
    05:39 pm

    What's the story

    The Nagpur bench of the Bombay High Court has ruled that holding the hands of a minor girl and opening the zip of pants do not fall under the purview of "sexual assault" or "aggravated sexual assault" of the Protection of Children from Sexual Offences (POCSO) Act.

    The observation was made by a single bench of Justice Pushpa Ganediwala on January 15.

    Appeal

    The order was passed on an appeal by Libnus Kujur

    The bench was passing an order on an appeal by Libnus Kujur (50) challenging a Sessions Court's order convicting him for sexually assaulting and molesting a five-year-old girl.

    Last October, Kujur was convicted under Sections 354-A (1)(i) (outraging modesty) and 448 (house-trespass) of the IPC and Sections 8 (sexual assault), 10 (aggravated sexual assault), and 12 (sexual harassment) of the POCSO Act.

    Information

    Charge of sexual assault not proven, says Justice Ganediwala

    Justice Ganediwala noted that while the prosecution has established that the accused entered the house of the victim with an intention to outrage her modesty or sexually harass her, it has not been able to prove the charge of "sexual assault" or "aggravated sexual assault."

    Judgment

    Definition of assault does not fit with the convict's actions

    The court noted that the definition of "sexual assault" under the POCSO Act says that there has to be "physical contact with sexual intent without penetration."

    Justice Ganediwala said that although the victim's mother allegedly witnessed the acts of holding the hands of the victim or opening the zips of the pant, the court does not fit it in the definition of sexual assault.

    Details

    The court's further judgment on Kujur's case

    The High Court further said that the facts of the present case are not sufficient to fix the criminal liability on the accused (Kujur) for the alleged offense of aggravated sexual assault.

    "At the most, the minor offense punishable under section 354-A(1)(i) of the IPC read with Section 12 of the POCSO Act has been proved against the appellant (Kujur)," the court said.

    Case

    The prosecution's case and eyewitness account

    The prosecution's case is that Kujur had on February 12, 2018, entered the house of the victim when her mother had gone to work.

    The mother, while recording her evidence in the lower court, had said that her daughter had informed her that the accused person had removed his private part from the pant and asked the victim to come to bed.

    Charges

    Under which charges will Kujur be convicted?

    The High Court quashed Kujur's conviction under Sections 8 and 10 of the POCSO Act but upheld his conviction under the other sections.

    The court, however, said it was modifying the sentence and noted that Kujur has so far undergone five months in prison.

    The HC said the accused shall be set free if he is not required in any other case.

    Quote

    'The imprisonment which he has undergone would serve the purpose'

    "Considering the nature of the act, which could be established by the prosecution, and considering the punishment provided for the aforesaid crimes, in the opinion of this Court, the imprisonment which he has already undergone would serve the purpose," the court said.

    Previous judgment

    A similar judgment passed by Justice Ganediwala faced severe flak

    To recall, another judgment passed by Justice Ganediwala this month acquitting a 39-year-old man for groping a minor girl, noting that there was no "skin-to-skin contact with sexual intent" had faced severe flak.

    The Supreme Court had on Wednesday stayed the order after Attorney General KK Venugopal mentioned the matter submitting that it was a very disturbing conclusion by the Bombay High Court.

    Facebook
    Whatsapp
    Twitter
    Linkedin
    Related News
    Latest
    Supreme Court Of India
    Bombay High Court
    POCSO

    Latest

    Did Blake Lively's lawyer blackmail Taylor Swift? Blake Lively
    Shukri Conrad confirms South Africa's opening pair for WTC final Aiden Markram
    Ben Stokes vows to return fitter than ever post-surgery Ben Stokes
    Sikh businessman shot dead in Canada; assailants fired 15-16 roundsĀ  Canada

    Supreme Court Of India

    Kangana Ranaut moves Supreme Court in office demolition case Maharashtra
    People not wearing masks are violating rights of others: SC Gujarat
    Delhi's private hospitals violating COVID-19 guidelines, say inspection teams Hindustan Times
    Plea in Supreme Court questions delay in Sushant's death probe Central Bureau Of Investigation (CBI)

    Bombay High Court

    HC reserves order on bail pleas of Rhea Chakraborty, Showik Sushant Singh Rajput
    Rhea Chakraborty gets bail; brother Showik will remain in jail Sara Ali Khan
    Rhea Chakraborty released from prison; here are her bail conditions Mumbai Police
    Rhea conducted yoga classes for fellow prison inmates, reveals lawyer Mumbai Police

    POCSO

    Kerala: Mother lets lover molest 10-year-old child in theater, arrested Kerala
    Society security guard accused of raping minor, 3 booked Tilak Nagar
    Haryana-shocker: Man rapes daughter for six-months, tells her it's normal Haryana
    Mathura police rescues 15-year-old girl, nabs 6 for sex trafficking Assam
    Indian Premier League (IPL) Celebrity Hollywood Bollywood UEFA Champions League Tennis Football Smartphones Cryptocurrency Upcoming Movies Premier League Cricket News Latest automobiles Latest Cars Upcoming Cars Latest Bikes Upcoming Tablets
    About Us Privacy Policy Terms & Conditions Contact Us Ethical Conduct Grievance Redressal News News Archive Topics Archive Download DevBytes Find Cricket Statistics
    Follow us on
    Facebook Twitter Linkedin
    All rights reserved © NewsBytes 2025