SC stays HC judge’s order
The Supreme Court on Wednesday stayed a judgment of woman judge Justice Pushpa V Ganediwala of the Nagpur bench of the Bombay High Court, which had ruled that groping a 12year-old child's breast without removing her top is no sexual assault unless there is skin-to- skin contact with the sexual intent under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The Free Press Journal was the first to report this case.
On Wednesday, Attorney General K.K. Venugopal mentioned the verdict before Chief Justice of India S. A. Bobde’s Bench, calling it a “disturbing conclusion” and asserted that it “sets a dangerous precedent”. He said the Centre will file a petition challenging the High Court verdict on Thursday.
Having heard the submission, CJI Bobde stayed the orders by which Justice Ganediwala had acquitted the 39-year-old man of sexual assault charges. The CJI
led bench even issued notice to the Maharashtra government to respond within next two weeks. The bench further granted time to the AG to file a formal SLP to challenge the HC verdict.
The High Court ruling came in an incident dating
back to December 2016 on the girl's complaint lodged by her mother that the accused took her daughter to his house on the pretext of giving her a guava, pressed her breast and tried to remove her salwar.