New Delhi. A listening to was held within the Supreme Court docket on Tuesday on the Pores and skin to Pores and skin choice of the Bombay Excessive Court docket. The Supreme Court docket ordered the Authorized Companies Committee to symbolize the accused in each the circumstances for molesting the woman youngster. The Supreme Court docket has requested amicus curiae Siddharth Dave to assist on this case. Lawyer Common KK Venugopal instructed the courtroom that if tomorrow an individual wears a pair of surgical gloves and tampers with the physique of a girl, he won’t be punished for sexual harassment as per this judgment. The Bombay Excessive Court docket judgment is a humiliating precedent.
The Supreme Court docket discovered that nobody appeared within the courtroom on behalf of the accused in each the circumstances included within the Bombay Excessive Court docket judgment. A bench of Justice UU Lalit and Justice Ajay Rastogi stated in the course of the listening to of the case that regardless of sending the discover, the accused didn’t current their facet, so the Supreme Court docket Authorized Companies Committee ought to symbolize them. The matter will now be heard within the courtroom on September 14.
Allow us to inform you that on January 27, the Supreme Court docket had stayed the acquittal of the accused below the Bombay Excessive Court docket’s choice which held that groping the breast of a kid with out eradicating garments doesn’t represent sexual harassment inside the which means of Part 8 of the POCSO Act. Occur. Throughout this, Lawyer Common KK Venugopal had stated that the choice was unprecedented and “more likely to set a harmful precedent”.
What did the Excessive Court docket say within the judgment?
The courtroom had directed the AG to file an acceptable petition difficult the choice. The courtroom had stayed the acquittal of the accused. Considerably, the Nagpur Bench of the Bombay Excessive Court docket in its judgment held that such an act would quantity to ‘molestation’ below Part 354 of the IPC and wouldn’t quantity to sexual exploitation below Part 8 of the POCSO Act.
A Single Bench of Justice Pushpa Ganediwala made this statement whereas modifying the order of the Periods Court docket through which a 39-year-old man was convicted of sexual assault for molesting a 12-year-old woman and eradicating her salwar. Additional, in Para No. 26 of the judgment, the Single Decide has held that direct bodily contact i.e. skin-to-skin contact with out sexual penetration just isn’t sexual harassment.
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