Merely touching minor girl’s back not sexual assault says Bombay High Court
Merely moving a hand over the head and back of a minor girl without taking sexual intent does not be considered to outrage her modesty, the Nagpur bench of the Bombay High Court while quashing the conviction of a 28-year old man said.
The case dates back to 2012 when the convict was 18 years old and was booked on charges of outraging the modesty of a 12-year-old girl. According to the victim, the man had touched her back and head and commented that she had grown up.
The order was issued on February 10. A single bench of Justice Bharati Dangre, while setting apart the conviction, noted there was no sexual intent on the part of the convict and that his statement indicated he had seen the victim as a child.
The HC further mentioned that the prosecution failed to produce any material to suggest that there was a specific intention on part of the appellant to outrage the modesty of the girl.
