Supreme Court quashes Bombay HC’s ‘skin-to-skin contact’ judgment

The Supreme Court on Thursday set aside the Bombay High Court judgment that held that groping a minor’s breast without “skin to skin contact” can’t be termed as sexual assault.

The top court, which was hearing separate appeals of Attorney General and the National Commission for women, had on January 27 stayed the order which had acquitted a man under the Protection of Children from Sexual Offences (POCSO) Act saying groping a minor’s breast without ‘skin to skin contact’ cannot be termed as sexual assault.

A bench headed by Justice U U Lalit set aside the high court judgement, and said the most important ingredient of constituting sexual assault is sexual intent and not skin-to-skin with the child.

Purpose of the law cannot be to allow the offender to escape the meshes of the law, the apex court said.

The ‘skin-to-skin’ judgment was passed by the Nagpur bench of Bombay High Court while modifying the order of the Sessions Court which held a 39-year-old man guilty of sexual assault for groping a 12-year-old.