New Delhi: The Attorney General for Venugopal on Tuesday is called “outrageous” of the recent judgment about the Bombay High Court which states that the “skin to the skin” is very important for violations of sexual violence under the Pocso Law.
He told the Supreme Court that would have a broader consequence of 43,000 cases listed under the action every year.
Appearing before the judge of Law Lalit and Ajay Rastogi, the Attorney General said the High Court was very wrong in holding that when there was “no physical contact directly to the skin with sexual intentions, without penetration, it would not amount to violations under the protection of children from Sexual violation (Pocso).
“He said it would lead to the situation when a man with surgical gloves in his hand could harass a girl and it would not be considered as sexual violence.
The Government of Maharashtra and the National Commission (NCW) also supports satisfaction and begging that the decision is reversed.
The Commission filed a separate appeal to the HC command through his lawyer Nitin Salamja and by remembering the interpretation adopted by the term “physical contact” part 7, ACT Pocso only means “skin to the touch of the skin” is “perverted”.
“If a heretic interpretation of physical contact is permitted, it will have a negative impact on the basic rights of women, who are victims of sexual violations in the community and will damage beneficial legal protection that is prescribed under various legislates aimed at protecting women’s interests,” he said.
“From plain readings of the relevant provisions, it is clear that sexual violence in terms of Part 7, the Pocso Law is mostly touched by the perpetrator.
If the defendant touches the victim (or the part of the victim’s body) with sexual intentions, the acts of sexual violence are complete.
There is no possibility of a contact classification Furthermore, namely skin contact up to the skin, “Commission said.
The APEX court postponed the trial after hearing briefly as a defendant who was released by the High Court was not represented earlier.
It was directed that the man was given legal assistance from the SC Legal Services Committee.
In his controversial decision, HC said “more stringent evidence and serious accusations needed” considering the “strict” punishment of a minimum of three to a maximum of five years imprisonment provided under the Pocso.
“Obviously, this is not the prosecution that the applicant released his peak and pressured his breasts,” said the court said, “the action of suppressing the breast of a 12-year-old child, in the absence of certain details.
Is whether the upper part is removed or whether he put his hand into and pressing Her breasts, will not fall in the definition of ‘sexual violence’.
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HC Bombay’s message on ‘skin-to-skin contact’ for Pocso ‘overrageous’ violations, AG told SC
