SC stays HC judge’s order

The mother immediately lodged an FIR against accused Satish, who was held guilty in Februar y 2020 and sentenced to three years of rigorous imprisonment and asked to cough up a fine of Rs 500 by a trial court under sections 354 (assault or criminal force to woman with intent to outrage her modesty), 363 (kidnapping) and 342 (wrongful confinement) of the IPC, and Section 8 (punishment for sexual assault) of the POCSO Act.

On his appeal, the Nagpur Bench of Justice Ganediwala held that “admittedly, it is not the case of the prosecution that the appellant 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,” it said.

Holding that the crime falls under Section 354 of the IPC she sentenced the accused to a year's rigorous imprisonment instead of three years of RI.

Meanwhile, the Youth Bar Association of India has also filed a petition in the Supreme Court challenging the high court verdict. The petition asserts that the observations and reasoning in the verdict would “lead to a dastardly situation."

The National Commission for Protection of Child Rights has also demanded review of the High Court order.