Supreme Court reserves order on HC’s skin-to-skin contact verdict

The two judgments in question – given by the same judge, Justice Pushpa V Ganediwala of the Nagpur bench of the Bombay high court in January this year – had caused a stir

The Supreme Court on Thursday reserved orders on the correctness of two controversial Bombay high court judgments that held skin-to-skin contact as an essential feature to convict persons for sexual assault on minors under the Protection of Children from Sexual Offences (Pocso) Act 2012.

Before reserving the judgment, the bench said, “One has to see the effect of the touch on the victim…"

The two judgments in question – given by the same judge, Justice Pushpa V Ganediwala of the Nagpur bench of the Bombay high court in January this year – had caused a stir as the Attorney General of India KK Venugopal filed a petition to set aside one of the decisions and the National Commission for Women and Maharashtra government followed in.

The high court had acquitted the accused in both the cases under the stringent Pocso Act Section 7 which punishes acts of sexual assault.

Before reserving the judgment, the bench said, “One has to see the effect of the touch on the victim. Merely because the touch is through the clothing, one has to see it from the victim’s perspective and whether she felt that it invaded her privacy and modesty.”

On Wednesday, AG KK Venugopal had concluded submissions. He termed the HC judgments “outrageous” and “disturbing”.