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‘Even if victim’s breasts were not developed’: Court ruling on sexual assault | Latest News India

The accused, who had entered the home of the sufferer within the absence of her dad and mom and touched her breast, kissed her, has rightly convicted underneath Section 8 of the POCSO Act, the excessive courtroom ruling mentioned. 

The Calcutta excessive courtroom has just lately dominated that even if the breasts of an alleged sexual assault sufferer are not developed, the offence can be thought of as a sexual assault so long as it is proved that the accused had touched the precise a part of the physique with sexual intent, LiveLaw reported.

The ruling is available in reference to a case that dates again to 2017. A police case was registered towards a person on the premise of the grievance of the mom of a 13-year-old. It was alleged that the accused had touched her inappropriately, kissed her on the face when there was nobody in the home of the sufferer. During the continuing, the accused mentioned the question of touching the victim’s breasts does not come up in any respect because the medical officer of the case had deposed that the breasts of the lady were not developed.

Justice Bibek Chaudhuri mentioned, “It is absolutely immaterial whether breasts of a 13-year-old girl were developed or not. The specific part of the body of a girl of 13 years of age shall be termed as breast… even if her breasts are not developed due to certain medical grounds.”

Touching the vagina, penis, anus or breasts of a kid or making teh baby contact the identical of the offender with sexual intent does not solely represent the offence of sexual assault however whoever does another act with sexual intent which entails bodily contact with out penetration quantities to sexual assault, the courtroom noticed.

Questioning what may very well be the intent behind a grown-up man kissing a 13-year-old, the courtroom mentioned, “In the instant case it is stated by the victim girl that the accused touched different parts of her body and also kissed her. Why should a grown up man who is not related with the victim girl kiss her entering into her house when his guardians were not present in the house. The sexual intent of a person can be gathered from the specific contact of the accused and the surrounding circumstances. There cannot be any direct evidence of sexual intent. In the instant case entering into the house of the de facto complainant in the absence of her and her husband, touching the body of the victim girl and kissing her shows that the accused had sexual intent and, therefore, the act involves physical contact by the accused with the victim and he was rightly convicted under Section 8 of the POCSO Act.”



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