High court said – touching the breast without getting naked is not sexual harassment, skin-to-skin contact is necessary

High court said – touching the breast without getting naked is not sexual harassment, skin-to-skin contact is necessary

Touching her breast, without stripping a minor, cannot be called sexual harassment. The Bombay High Court stated in one of its decisions that such an act cannot be defined as sexual assault under the Poxo Act. Justice Pushpa Ganeediwala of the Nagpur bench of the Bombay High Court said in an order on January 19 that skin-to-skin contact with sexual intent is necessary for sexual assault to be considered a story.

He said in his decision that mere touching does not come under the definition of sexual assault. Justice Ganeediwala amended the decision of a sessions court which sentenced the 39-year-old man to three years imprisonment for sexually assaulting a 12-year-old girl.

In December 2016, the accused Satish took the girl to his home in Nagpur on the pretext of giving him any food items, according to the prosecution and the minor victim’s court. The High Court, in its judgment, recorded that on being taken to her house, Satish caught her chest and tried to strip her.

The High Court said, since the accused tried to touch the girl’s chest without stripping her, the offense cannot be termed as sexual assault and it is an offense under Section 354 of Bhadansan to explain the modesty of the woman. While the minimum sentence under Section 354 is one year imprisonment, the minimum punishment for sexual assault under the Poxo Act is three years imprisonment.

.

Leave a Reply

Your email address will not be published. Required fields are marked *