Akankshya Mahapatra 
Following the Skin to Skin verdict, the Bombay High Court’s Nagpur bench ruled in favor of child sexual abuse. According to the court, holding the minor’s hand and accused’s pants unziping is not sexual harassment under the POSCO Act. But it is a crime under Section 354 of the IPC. On January 15, the court quashed the defendant’s sentence under the POSCO Act. The accused was convicted under Section 354A9 (1) (i) of the IPC.
A well-known bench of Judge Pushpa Gannediwala has ruled the above verdict in a case of sexual abuse of a 5 year-old girl by a 50-year-old man. The lower court sentenced the accused to five years in prison and a fine of Rs 25,000 under the POSCO Act 10. The girl’s mother complained that the culprit’s zip was open and the girl’s hand was in his hand. The court said the case falls under section 354A9 (1) (i) of the IPC. Sentences are being revoked under sections 8, 10 and 12 of the POSCO Act. The court said the defendant had already served five months in prison, which is enough for the crime.
Notably, a few days ago, the Nagpur bench ruled a skin-to-skin decision in a case related to sexual offenses. The decision was challenged in the Supreme Court. In its decision, the High Court ruled that sexually assaulting a 12-year-old girl without undressing could not be considered sexual assault. This type of work cannot be defined as sexual harassment under the POSCO Act. However, the case can be prosecuted under Section 354 of the IPC.
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