Wednesday, 27 January 2021

Supreme Court Stays Bombay HC Judgment Which Held 'Skin To Skin' Contact Necessary For 'Sexual Assault' Under POCSO Act

 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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