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Pressing A Childs Breast Without Skin To Skin Contact Does Not Amount To Sexual Assault Under Pocso Act Bombay High Court 388064
Pressing A Childs Breast Without Skin To Skin Contact Does Not Amount To Sexual Assault Under Pocso Act Bombay High Court 388064
odt 1
Versus
ORAL JUDGMENT :
the petitioner and Shri Khan, learned APP for the respondent.
354, 363 and 342 of the Indian Penal Code (hereinafter referred to
POCSO Act read with Section 354 of the IPC, the appellant is
sentenced to suffer R.I. for three years and to pay fine of Rs. 500/-,
the appellant is sentenced to suffer R.I. for two years and to pay fine
the appellant is sentenced to suffer R.I. for six months and to pay
fine of Rs. 500/-, in default of fine, to suffer R.I. for one month.
guava, in his house and pressed her breast and attempted to remove
her salwar. At that point of time, the informant reached the spot
2016 (Exh. 1) for the offence punishable under Sections 354, 363
and 342 of the IPC and under Section 8 of the POCSO Act.
the appellant.
appellant / accused under Sections 361, 354, 342 and 309 of the
IPC and under Section 8 of the POCSO Act. The said charge was
Procedure.
for the respondent - State. I have also perused the record with the
As she did not come back for a long time, she started searching
for her. Her neighbour told her that the appellant, who was
house and showed her the house of the appellant. PW1 went
down from the first floor. She asked the appellant about the
the ground floor and then she went up to first floor. The room
daughter. Her daughter was crying. She took out her daughter
from that room and her daughter narrated the incident that on
his house and pressed her breast and when he tried to remove
caught her hand and told her that he will provide guava to her
mother opened the door and entered the room and brought her
she had heard the shouts of a girl and she informed PW-1
about it.
her chief PW-1 stated that the appellant/ accused was trying to
she has corrected her statement and deposed that she told the
below:
necessary ingredients :
breast of the child or makes the child touch the vagina, penis, anus
or breast of such person or any other person or does any other act
within itself, the nature of the acts which are similar to the acts
the appellant removed her top and pressed her breast. The
of either description for a term which shall not be less than three
years but which may extend to five years, and shall also be liable to
for the offence, in the opinion of this Court, stricter proof and
hand inside top and pressed her breast, would not fall in the
is one year, which may extend to five years and shall also be
liable to fine.
coming down from the first floor, she inquired with the
she went upwards, she found the door of the room bolted from
the outside, she opened the door, she found her daughter
narrated the incident to her. All these events form the parts of
counsel could not point out from the record that she was not a
consistent.
fact that she heard the noise of her daughter from the house of
she heard shouts from the house of the appellant and PW-1
went there and she found her daughter. Other witnesses are
formal in nature.
Act, which defines sexual assault and submitted that the act
sentenced him to undergo R.I. for one year and to pay fine of
JUDGE
******
*GS.