Mr. K. K. Venugopal, learned Attorney General for India, made
a mention, bringing to our notice a judgment dated 19.01.2021
passed by the High Court of Judicature at Bombay, Nagpur Bench, in
Criminal Appeal No.161/2020 wherein the High Court has apparently
acquitted the accused under Section 8 of the POCSO Act, 2012 on the
ground that the accused had no sexual intent in committing the
offence under POCSO Act because there was no direct phyical
contact, i.e., skin to skin.
Mr. Venugopal, learned Attorney General, submitted that the
judgment in question is likely to set a dangerous precedent.
In view of what is stated, we permit the learned Attorney
General to file an appropriate petition against the said judgment.
In the meantime, we stay the acquittal of the accused in
Criminal Appeal No.161/2020 in respect of the offence under section 8 of the POCSO Act.
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 2286/2021
(Arising out of impugned final judgment and order dated 19-01-2021
in CRLA No. 161/2020 passed by the High Court Of Judicature At
Bombay At Nagpur)
ATTORNEY GENERAL FOR INDIA Vs SATISH & ANR.
Date : 27-01-2021
This petition was mentioned today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.S. BOPANNA
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
UPON hearing the counsel the Court made the following
O R D E R
Mr. K. K. Venugopal, learned Attorney General for India, made
a mention, bringing to our notice a judgment dated 19.01.2021
passed by the High Court of Judicature at Bombay, Nagpur Bench, in
Criminal Appeal No.161/2020 wherein the High Court has apparently
acquitted the accused under Section 8 of the POCSO Act, 2012 on the
ground that the accused had no sexual intent in committing the
offence under POCSO Act because there was no direct phyical
contact, i.e., skin to skin.
Mr. Venugopal, learned Attorney General, submitted that the
judgment in question is likely to set a dangerous precedent.
In view of what is stated, we permit the learned Attorney
General to file an appropriate petition against the said judgment.
In the meantime, we stay the acquittal of the accused in
Criminal Appeal No.161/2020 in respect of the offence under section
8 of the POCSO Act.
Issue notice to the accused and the State of Maharashtra
returnable two weeks.
Order accordingly.
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