Supreme Court Sets Aside Bombay High Court's "Skin To Skin" Judgement
NDTV
The Attorney General had said the Bombay HC verdict would mean that "someone can wear a surgical glove and exploit a child and get away scot-free".
The Supreme Court today ruled that "skin to skin" contact is not necessary for a crime to be considered under the Protection of Children from Sexual Offences (POCSO) Act. Calling it a "narrow interpretation of the law", the court set aside a Bombay High Court judgement that had acquitted a man saying, "groping a minor's breast without 'skin to skin contact' can't be termed as sexual assault under POCSO".
Pointing out that the objective of POCSO is to protect children from sexual abuse, the court said that physical contact made with sexual intent comes under POCSO, and "skin to skin" contact is not the criteria.
Attorney General KK Venugopal had opposed the Bombay HC verdict arguing that the court's interpretation would mean that "someone can wear a surgical glove and exploit a child and get away scot-free". He had added that it will be treated as precedent and the result will be "devastating".
Senior Advocate Sidharth Luthra had argued for the accused and said, "sexual intent requires physical contact but, in this case, the clothing was touched not the skin."
