Groping 'Without Skin-To-Skin Contact' Does Not Qualify As Sexual Assault: Bombay HC

The Bombay High Court was hearing the plea of the accused, who was sentenced to jail for sexually assaulting a minor girl.

In a recent ruling by the Nagpur bench of the Bombay High Court, it was observed that there should be "skin-to-skin contact with sexual intent" in order to be considered as sexual assault. The ruling also said that 'mere groping' will not fall under sexual assault.

The Bombay High Court was hearing the plea of the accused, who was sentenced to jail for sexually assaulting the minor girl.

The High Court further ruled that mere touching the chest of the minor will not amount to sexual assault unless the accused removes clothes of the victim or slid hands inside the garments, making it a physical contact.

The single-judge bench of Justice Pushpa Ganediwala modified the conviction of a man while pronouncing the ruling.

The sexual assault under the POCSO Act involves committing assault with sexual intent and getting physical without penetration by touching the private parts of the child or making the child touch the private organs of the accused, noted the judge in the court hearing.

"Admittedly, it is not the case of the prosecution that the accused removed her top and pressed her breast. As such, there is no direct physical contact i.e. skin-to-skin with sexual intent without penetration," Free Press Journal quoted Justice Ganediwala.