New Delhi: The Supreme Court on Thursday canceled the Bombay High Court verdict which stated that there was no violation of sexual violence under Pocso’s actions made if there was no skin-to-skin contact directly between the defendant and the victim.
A bench headed by justice.
U Lalit ruled out the assessment of the High Court, and said the most important element of the constitution of sexual violence was sexual intentions and not skin to the child.
The High Court has held that skin-to-skin contact is very important for Pocso’s violations and sentenced two accusations and two-year prison terms that very touched underage the body.
The upper court noted that giving a narrow meaning of physical contact to limit contact with the skin to the skin will defeat the purpose of the Pocso law and unacceptable.
“The purpose of the law cannot allow the perpetrators to escape from lawmakers,” said the APEX court.
Read Alsobombay HC Order on ‘skin contact to the skin’ for Posco’s violations is ‘outrageous’, Ag telling Scattorney General KK Venugopal on Tuesday is called a recent assessment of the Bombay High Court which states that “skin to the skin.” Contact It is very important for violating sexual violence under ACT Pocso.
He told the Supreme Court that would have wider branching on 43,000 registered cases “We have detained that when the legislature has expressed clear intentions, the court cannot create ambiguity in the provisions.
It is true that the court cannot be too excited in creating ambiguity,” benches , it also consists of Ravindra Bhat and Bela M Trivedi.
The top court, who listened to separate appeal from the Attorney General and the National Commission (NCW), has been on January 27, the order that has buried a man under the protection of children from the sexual violation (Pocso) said he groped the breast without ‘ Skin to skin contact ‘cannot be called sexual violence.
The session court has sentenced three years in prison for violations based on Pocso Law also under the IPC part 354.
The sentence must run simultaneously.
However, the High Court released him under the Pocso law while upholding his belief under the IPC part 354.
The court issued an order to the appeal submitted by the Venugopal KK Attorney General who argued that the HC decision overrides and asks the court to put aside him.
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AG has argued that HC verdict can have a big impact on 43,000 Pocso cases registered every year.
Meanwhile, this is the second time in SC history that the Attorney General appealed against HC’s orders.
The first attorney general in 1985 appealed against HC Rajasthan’s verdict in connection with the execution of the death penalty by public hanging as ordered by HC.
(With input from the agency)