Groping sans skin contact not assault

There must be physical contact -- ' skin-to-skin contact with sexual intent' -- and mere groping would not amount to sexual assault, ruled the Nagpur bench of the Bombay High Court recently. The HC opined that touching a minor's chest would not amount to sexual assault unless the accused removed the top worn by the girl or slid his hand within her garment. This was the ruling pronounced by a single-judge bench of Justice Pushpa Ganediwala while modifying the conviction of a man, who was sentenced to jail for sexually assaulting a minor girl.

The judge noted that sexual assault under POCSO is defined as an offence, wherein the act must have been committed with sexual intent and involved touching the private parts of the child or making the child touch the private organs of the accused. The court further noted that sexual act, as per the provisions of POCSO, involves committing any other act with sexual intent which involves physical contact without penetration.