NAGPUR: The Nagpur bench of the Bombay high court on January 17 acquitted a man of raping a 15-year-old girl, ruling that “it seems highly impossible for a single man to gag a survivor’s mouth, remove her and his clothes, and perform the forcible sexual act without any scuffle”.
“Had it been a case of forcible intercourse, there would have been a scuffle. Medical evidence also doesn’t support the survivor’s case as no injuries from a scuffle could be seen,” Justice Pushpa Ganediwala held.
On March 14, 2019, petitioner Suraj Kasarkar (26) was sentenced to 10 years of rigorous imprisonment by a sessions court after being convicted for rape of the minor.
»Good or Bad Touch? Bombay HC Order on Skin to Skin Groping in POCSO Case Raises Questions
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Good or Bad Touch? Bombay HC Order on Skin to Skin Groping in POCSO Case Raises Questions
A Bombay High Court bench s definition of what constitutes as sexual assault under POCSO has led to outrage among experts of child safety and survivors | Image credit: Reuters
The Bombay High Court judgement has come as a shock not only to survivors but also to child safety and protection experts who feel that the move sets a dangerous precedent for defining sexual assault in court.
Celebrities of the film industry expressed dismay after an order issued by the Bombay HC citing lack of ‘skin-to-skin contact’ in a sexual assault case.
NCPCR on Monday asked the Maharashtra government to file an urgent appeal against the recent Bombay High Court (HC) judgement which stated that an act cannot be termed as sexual assault if there is no skin-to-skin" contact.