Pressing, touching minor’s lips without sexual advances not ‘aggravated sexual assault’: Delhi High Court

Delhi High Court rules that touching minor girl's lips without sexual intent does not constitute aggravated sexual assault.

The Delhi High Court has said in the absence of sexually motivated advances, touching and pressing the minor girl’s lips and sleeping next to her cannot attract prosecution for “aggravated sexual assault” under the Protection of Children from Sexual Offences (POCSO) Act.

Justice Swarana Kanta Sharma observed the acts might violate her dignity and outrage her modesty but without “overt or inferred sexual intent” would fall short of meeting the legal threshold required to sustain a charge under section 10 (aggravated sexual assault) of POCSO Act.

The court, in its February 24 judgment, however, ruled that there was a clear prima facie case under Section 354 of IPC for ‘‘assault or criminal force to woman with intent to outrage her modesty”.

The court’s decision came while adjudicating the plea of the uncle of a minor girl against framing of charges under Section 354 IPC and Section 10 of POCSO Act against him. The court sustained the charge under Section 354 but discharged him under Section 10 of the POCSO Act.

The girl had alleged her paternal uncle of touching and pressing her lips and sleeping/lying down next to her, which had made her feel uncomfortable.

Referring to Supreme Court’s rulings, the court said the apex court has repeatedly said modesty, in the context of Section 354 of IPC, must be interpreted in light of the dignity and bodily autonomy of a woman, or a minor girl.

“(However) the victim has not alleged any act of an overtly sexual nature, nor has she suggested in any of her recorded statements – whether before the Magistrate, the police or CWC (Child Welfare Committee) – that she was subjected to sexual assault or that there was even an attempt to commit such an offence... the absence of even the slightest indication of a sexually motivated advance in the statements of the victim negates the foundational requirement of ‘sexual intent’, which is an essential element of an offence under Section 10 of POCSO Act,” it added.