Mumbai: The Bombay High Court on Sunday ruled that gropping a 12 year old without removing her clothes cannot be considered as ‘sexual assault’ under the POCSO Act but rather should be considered as an offence under Sec 354 IPC under the attempt to ‘outrage the modesty’ of women.
The single bench of Justice Pushpa Ganediwala made the observation while considering an appeal challenging the order by the sessions court which held a 39-year old guilty of gropping minor girl and removing her salwar. The court thus sentenced the accused under Sec 354 IPC under the offence of ‘outraging modesty’.
