Satish Ragde v. State of Maharashtra
Bombay High CourtMANU/SCOR/24055/2021Bench: J. Pushpa V. Ganediwala
The Bombay High Court (Nagpur Bench) controversially held that "sexual assault" under Section 7 requires direct skin-to-skin contact between the accused and the minor. Since the accused had pressed the child's breasts over her clothes, there was no skin-to-skin contact and hence the act did not constitute "sexual assault" under Section 7. The conviction under Section 8 POCSO was set aside and the accused was instead convicted under Section 354 IPC (outraging modesty of woman) — a far lesser offence carrying a lesser sentence.