Thursday, August 25, 2022

Touching private parts of child will attract POCSO offence; absence of injury irrelevant: Bombay High Court

The Bombay High Court recently held that touching private parts with sexual intent would be construed as sexual assault under the Protection of Children from Sexual Offences Act (POCSO Act).

"The absence of injury mentioned in the medical certificate will not make any difference to her case because the very nature of the offence of sexual assault defined under Section 7 of the POCSO Act mentions that even touching a private part with sexual intent is sufficient to attract the provisions of Section 7 read with Section 8 of the POCSO Act." 
The Court ruled that the defence of the appellant that no injury was found on the survivor's body was irrelevant and, therefore, refused to interfere with the trial court's order convicting the appellant.

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