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Bombay HC overturns conviction under POCSO Act
Why is it in news?
- The Nagpur Bench of the Bombay High Court acquitted a man of charges under the Protection of Children from Sexual Offences (POCSO) Act.
- The HC convicted the man under a “minor offence” of the Indian Penal Code (IPC).
Details:
- On December 14, 2016, the mother of a minor girl lodged a complaint at the Gittikhadan police station in Nagpur.
- The mother reached his house and rescued her daughter who was found crying.
- The child told her that when the man tried to remove her clothes.
- The police filed an FIR under Sections of the IPC and Section 8 (punishment for sexual assault) of the POCSO Act.
- The special court framed charges under Sections 361 (kidnapping from lawful guardianship) of the IPC also.
- The Bench said, “There is no direct physical contact i.e skin to skin with sexual intent without penetration.”
About POCSO Act:
- The POCSO Act was enacted in 2012 to provide a robust legal framework for the protection of children from offences of sexual assault, sexual harassment and pornography.
- The Act safeguards the interests of children at every stage of the judicial process.
- The Act defines a child as any person below the age of 18 years.
- The Act incorporates child friendly procedures for reporting, recording of evidence, investigation and trial of offences.