We live in a society where greedy, lust, power, money influence others easily. Judiciary system has a function to maintain peace and balance in society. In skin to skin contact judgement raise a question that judiciary system is still reliable or not.
The 12-year-old girl had reportedly been groped by a 39-year-old man in December 2016. After four years, the Nagpur bench of the Bombay High Court headed by Justice Pushpa Ganediwala found that the accused did grope the child but it did not constitute as sexual assault punishable with POCSO but instead constituted the offence of outraging a woman’s modesty under IPC section 354. The reason? The girl reportedly had her top on and since there was no “skin to skin contact”, the groping could not be ruled as an assault.
People are agitated by this judgement, who will decide whether good touch or bad touch. When skin to skin contact take place then POCSO Act applies what kind of explanation is this? Judiciary first look after that what is the intention of the accuse person whether skin to skin contact or not. This kind of judgement influence encourge the wrongdoer.