Purpose of law not to allow offender sneak out: SC sets aside HC skin-to-skin contact ruling


New Delhi, Nov 18 | The Supreme Court on Thursday set aside the Bombay High Court judgement which held skin-to-skin contact was necessary for invoking charges under the POCSO Act.

A bench headed by Justice U.U. Lalit said the purpose of the law cannot allow the offender to sneak out the meshes of the law.

The top court said the act of touching any sexual part of a child with sexual intent cannot be taken away from the purview of section 7 of the POCSO Act.

The top court observed that giving a narrow meaning of the physical contact to confine it to skin-to-skin contact, would defeat the purpose of the POCSO Act and this is unacceptable

The bench said: “We have held that when the legislature has expressed clear intention, the courts cannot create ambiguity in the provision.” It further added that it is right that courts cannot be overzealous in creating ambiguity.

The top court directed the accused to undergo rigorous imprisonment for three years.

On September 30, the Supreme Court had reserved its judgment on appeals challenging the Bombay High Court verdict, acquitting a person under the Protection of Children from Sexual Offences (POCSO) Act, after he pressed a girl’s breast over her dress, on the grounds that there was no skin-to-skin contact.

After hearing detailed arguments in the matter, a bench headed by Justice U.U. Lalit asked the counsel for various parties to file written submissions.

The bench, also comprising Justices S. Ravindra Bhat and Bela M. Trivedi had said: “Parties are at liberty to file their written submissions within three days. Order reserved”. On January 27, the top court stayed the judgment after Attorney General K.K. Venugopal and the National Commission for Women (NCW) filed appeals against it.

The Maharashtra government adopted the arguments of the Attorney General, who termed the judgment as outrageous and urged the top court to set it aside.

Slamming this judgment, he had argued that a person wearing surgical gloves can feel the entire body of a woman and then he can get away without punishment.

Source: IANS

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Share Market Closing Bell: Nifty ends around 15,800, Sensex tanks 1,416 pts

Share Market Closing Bell: Nifty ends around 15,800, Sensex tanks 1,416 pts

On the back of Global Clues and SGX, Nifty opened on a gap down note & continued downside momentum throughout the day and closed the session at 15809.40 level with a loss of 430.90. However, Bank nifty closed the session at 33315.65 level with a loss of 848.05 points.

India VIX closed at 24.56 up by 10.13% which is a sign of more volatility in upcoming sessions.47 stocks out of NIFTY 50 closed in RED which suggest broad based selling. All the sectoral indices were ended in the red with metal, IT indices down 4-5 percent.

Despite one way fall, Stocks like ITC, DRREDDY, POWERGRID were the top gainers, While WIPRO, HCLTECH, INFY, TCS & TECHM were prime losers. On a daily chart, Nifty has formed a Bearish candle which indicates downside momentum for an upcoming session. Moreover, Nifty is showing support from horizontal line i.e., 15750 levels which is make or break level. In addition, Nifty has been sustained above the 21-Monthly Moving Average which indicates a bounce back from lower levels can be seen.

However, the momentum indicators MACD & Stochastic were trading with a negative crossover & trading in oversold zone which is a sign of sideways to negative trend in Nifty. The Nifty may find Strong support around 15700 levels, breaching below it can show more downside till 15500 levels while on the upside 16000 may act as an immediate hurdle. On the other hand, Bank nifty has support at 32800 levels while resistance at 34500 levels.

Palak Kothari
Research Associate
Choice Broking

Source: Choice India


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