Groping a minor's breast without skin contact is not sexual assault: High Court

News Network
January 24, 2021

Mumbai, Jan 24: Groping a minor's breast without "skin to skin contact" cannot be termed as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act, the Bombay High Court has said.

Justice Pushpa Ganediwala of the Nagpur bench of the Bombay High Court, in a judgement passed on January 19, the detailed copy of which was made available now, held that there must be "skin to skin contact with sexual intent" for an act to be considered sexual assault.

She said in her verdict that mere groping will not fall under the definition of sexual assault.

Justice Ganediwala modified the order of a sessions court, which had sentenced a 39-year-old man to three years of imprisonment for sexually assaulting a 12-year-old girl.

As per the prosecution and the minor victim's testimony in court, in December 2016, the accused, one Satish, had taken the girl to his house in Nagpur on the pretext of giving her something to eat.

Once there, he gripped her breast and attempted to remove her clothes, Justice Ganediwala recorded in her verdict.

However, since he groped her without removing her clothes, the offence cannot be termed as sexual assault and, instead, constitutes the offence of outraging a woman's modesty under IPC section 354, the high court held.

While section 354 entails a minimum sentence of imprisonment for one year, sexual assault under the POCSO Act entails a minimum imprisonment of three years.

The sessions court had sentenced him to three years of imprisonment for the offences under the POCSO Act and under IPC section 354. The sentences were to run concurrently. The high court, however, acquitted him under the POCSO Act while upholding his conviction under IPC section 354.

"Considering the stringent nature of punishment provided for the offence (under POCSO), in the opinion of this court, stricter proof and serious allegations are required," HC said.

"The act of pressing of breast of the child aged 12 years, in the absence of any specific detail as to whether the top was removed or whether he inserted his hand inside the top and pressed her breast, would not fall in the definition of sexual assault," it said.

Justice Ganediwala further said in her verdict that "the act of pressing breast can be a criminal force to a woman/ girl with the intention to outrage her modesty".

The POCSO Act defines sexual assault as when someone "with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault".

The court, in its verdict, held that this "physical contact" mentioned in the definition of sexual assault must be "skin to skin" or direct physical contact.

"Admittedly, it is not the case of the prosecution that the appellant removed her top and pressed her breast. As such, there is no direct physical contact i.e. skin to skin with sexual intent without penetration," the HC said.  

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News Network
April 14,2025

Bengaluru: The leaked contents of Karnataka’s long-awaited caste census suggest a significant policy shift—extending the creamy layer rule to Category 1 castes under the backward classes reservation list. This category includes some of the most disadvantaged nomadic and microscopic communities.

The commission, headed by Jayaprakash Hegde, has reportedly recommended that the creamy layer policy—already applied to categories 2A, 2B, 3A, and 3B—be extended to Category 1. The report notes that some groups within Category 1 have achieved considerable progress socially, economically, educationally, and politically, thus justifying the introduction of a filtering mechanism.

The panel emphasized the growing inequality within Category 1 itself, stating that children from impoverished farming and labourer families are unable to compete with the children of wealthier households in the same category.

“The competition is stiff here and there is a threat that this category may become one populated by the rich in due course if the creamy layer policy is not implemented,” the report reportedly states.

It further underlines that to fulfil the constitutional goal of equitable opportunities, the policy must be introduced across all categories of backward classes, including Category 1.

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News Network
April 21,2025

popefrancis.jpg

Pope Francis, the beloved spiritual leader of 1.4 billion Catholics worldwide, has passed away at the age of 88. After battling age-related illnesses and spending over a month in the hospital, he departed peacefully, leaving behind a legacy of compassion, humility, and service. His death marks the end of an era and opens a sacred and solemn chapter of transition for the Roman Catholic Church.

The Final Hours and Ancient Rituals

With the pope’s passing, the Vatican enters the interregnum — a time between the end of one papacy and the beginning of another. The camerlengo, the Church's administrator of temporal affairs, performs a centuries-old ritual to confirm the pope’s death. He gently calls the pontiff’s baptismal name three times. If there is no response, the pope is declared dead — a symbolic moment of both loss and tradition.

An earlier custom involved tapping the pope's forehead with a small silver hammer, a practice discontinued after 1963.

The camerlengo then seals the papal apartment and prepares for the destruction of the Fisherman’s Ring and the papal seal — powerful symbols of papal authority. Their destruction signifies the official end of the pontiff’s reign.

A Funeral Rooted in Legacy

In accordance with the constitution Universi Dominici Gregis, the pope’s funeral must be held within four to six days. It will most likely take place at St. Peter’s Basilica, unless otherwise requested by the pope himself. A nine-day mourning period, known as novemdiales, follows the funeral.

The Sacred Search for a Successor

Around 15 to 20 days after the pope's passing, the papal conclave begins — a profoundly secretive and spiritual election process. Cardinals under the age of 80 gather in the Sistine Chapel, cut off entirely from the outside world, including phones and media.

They vote in repeated rounds. After each, ballots are burned. Black smoke rising from the chimney signals no decision. White smoke proclaims that a new pope has been chosen.

"Habemus Papam" — A New Dawn

Once a cardinal is elected and he accepts the sacred role, he chooses a papal name — often in honor of past saints or spiritual inspirations. Then, from the balcony of St. Peter’s Basilica, the senior cardinal deacon steps forward and declares to the world:

“Habemus Papam” — We have a pope.

A moment of silence gives way to thunderous cheers as the newly chosen pope steps forward, greeting the faithful and offering his first blessings. The bells of the Vatican ring out in joy, marking the beginning of a new spiritual journey for the Church and its followers.

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News Network
April 14,2025

Tumakuru: Karnataka Home Minister G Parameshwara announced on Sunday that the much-anticipated caste census report will be formally discussed at a special meeting of the state Cabinet scheduled for April 17. The meeting will focus on the findings and recommendations of the report, which has recently been circulated among ministers.

Speaking at Tiptur in Tumakuru district, Parameshwara noted that the caste census was conducted to ensure equitable access to essential services, education, and employment for downtrodden communities.

“The Congress government, between 2013 and 2018, spent crores of rupees to gather caste-based data from 1.37 crore families,” he said. “However, implementation was delayed by successive governments for various reasons.”

He emphasized the need for careful and informed deliberation and urged political leaders to avoid commenting on the report without studying it. “Nearly 80 per cent of the information in the report is accurate,” the Home Minister said, reinforcing the document’s credibility.

The Cabinet’s decision following the April 17 meeting could have far-reaching implications on Karnataka’s reservation policy and social equity framework.

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