Opening Pant Zip and Holding Hands not Sexual Assault under POCSO Act, says Bombay High Court

Mumbai, 28/1: After a bizarre verdict on “groping without removing clothes” of a minor doesn’t come under sexual assault, the Nagpur bench of the Bombay High Court has spilled out another verdict where it says, opening pant zip and holding hands of a minor doesn’t come under the Protection of Children from Sexual Offences (POCSO) Act. Such acts would amount to sexual harassment under Section 354 of the Indian Penal Code, the court said.

Court’s verdict was made by the single bench of Justice Pushpa Ganediwala. She was hearing a case in a criminal appeal filed against the conviction and sentence awarded to a 50-year-old man for molesting a 5-year-old girl. The court had sentenced the accused to 5 years rigorous imprisonment and a fine of Rs 25,000 for sexual assault under Section 10 of the POCSO.

The high court noted that the definition of “sexual assault” under the POCSO Act says that there has to be “physical contact with sexual intent without penetration”