Holding minor’s hands, unzipping pants not sexual assault: High Court

Agencies

January 28, 2021

Rs 50,000 spectacles allowance for Bombay High Court judges, spouses

Mumbai, Jan 28: A Bombay High Court judge, who faced flak for acquitting a man of groping a 12-year old girls breast because he did not make skin-to-skin contact, had ruled four days earlier that holding the hands of a five- year-old girl and unzipping his pants do not amount to 'sexual assault' under the Protection of Children from Sexual Offences (POCSO) Act.

A single bench of Justice Pushpa Ganediwala made the observation on January 15 while ruling on an appeal by a 50- year-old man challenging a sessions court order convicting him for sexually assaulting and molesting the 5-year-old girl.

Another judgment passed by Justice Ganediwala on January 19 acquitting a 39-year-old man for groping a minor girl, noting that there was no "skin-to-skin contact with sexual intent" has faced severe flak.

The Supreme Court had on Wednesday stayed operation of that order after Attorney General K K Venugopal mentioned the matter submitting that it was a very disturbing conclusion by the Bombay High Court.

The 50-year-old Libnus Kujur was convicted under sections 354-A (1)(i) (outraging modesty) and 448 (house trespass) of the IPC and sections 8 (sexual assault), 10 (aggravated sexual assault) and 12 (sexual harassment) of the POCSO Act in October 2020 and sentenced to 5 years in jail.

In her order, Justice Ganediwala noted that while the prosecution has established that the accused entered the house of the victim with an intention to outrage her modesty or sexually harass her, it has not been able to prove the charge of 'sexual assault' or 'aggravated sexual assault'.

She noted that the definition of "sexual assault" under the POCSO Act says that there has to be "physical contact with sexual intent without penetration".

"The acts of 'holding the hands of the prosecutrix (victim)', or 'opened zip of the pant' as has been allegedly witnessed by the prosecution witness (mother of the victim), in the opinion of this court, does not fit in the definition of 'sexual assault'," Justice Ganediwala said.

The court said the case facts are insufficient to fix the criminal liability on the accused for the alleged offence of aggravated sexual assault.

"At the most, the minor offence punishable under section 354-A(1)(i) of the IPC read with section 12 of the POCSO Act is proved against the appellant (Kujur)," the court said.

The prosecution's case is that Kujur had on February 12, 2018 entered the house of the victim when her mother had gone to work and on her return found the accused holding the hand of her daughter and his pants unzipped.

While recording evidence in the lower court, she had also said that her daughter claimed the accused asked her to sleep with him.

The high court quashed Kujur's conviction under sections 8 and 10 of POCSO Act, but upheld his conviction under other sections. It said it was modifying the sentence and noted that Kujur has been in jail five months.

"Considering the nature of the act, which could be established by the prosecution and considering the punishment provided for the aforesaid crimes, in the opinion of this Court, the imprisonment which he has already undergone would serve the purpose," the court said, adding the accused shall be set free if he is not required in any other case.

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Opposition's 'nexus' jibe at PM Modi after Adani's US indictment, BJP rushes to defend

News Network

November 21,2024

After the US prosecutors charged Gautam Adani with bribery and fraud, Congress reiterated its call for a Joint Parliamentary Committee (JPC) probe into the transactions of the Adani group, and hit out at Prime Minister Narendra Modi, alleging an "internal nexus" between him and "his favourite businessman."

Senior Congress leader Jairam Ramesh said the indictment of Gautam Adani and others by the US Securities and Exchange Commission validates his party’s call for a Joint Parliamentary Committee investigation.

The Congress has been pushing for the probe since January 2023, raising concerns over alleged irregularities involving Adani and his business dealings, said Ramesh.

Ramesh referred to the party’s “Hum Adani ke Hain” series, where 100 questions were raised about the alleged scams and the links between Prime Minister Narendra Modi and Gautam Adani.
He noted that the questions remain unanswered, reiterating the need for accountability in the matter.

The US prosecutors have charged Adani with deceiving investors by concealing information about his firm's solar energy project in India, which allegedly involved bribery.

Adani has been charged with securities fraud and conspiracy, according to an indictment unsealed on Wednesday. The case focusses on an agreement between Adani Green Energy Ltd. and another organisation to supply 12 gigawatts of solar power to the Indian government.

'BETRAYAL OF INDIAN INVESTORS'

Congress leader Pawan Khera described the allegations against Gautam Adani and his conglomerate as a “betrayal of Indian investors.”

Taking to X, Khera outlined the US charges, including claims that Adani’s group bribed Indian government officials between 2020 and 2024 to secure contracts. Citing media reports, he also pointed out that Gautam Adani personally met a government official to advance the scheme.

Khera referred to a March 2024 incident where the Adani Group allegedly misled the Bombay Stock Exchange and the National Stock Exchange, calling it a “grave violation of investor trust.”

He further highlighted a March 2023 FBI raid on the premises of Sagar Adani, Gautam Adani’s nephew, where electronic devices were seized as part of the investigation.

'SEBI NOT ABLE TO PROVE ANY CHARGES AGAINST ADANI'

Shiv Sena (UBT) leader Priyanka Chaturvedi criticised central probe agencies following US charges against Gautam Adani and others in an alleged bribery case linked to solar energy contracts.

Chaturvedi raised concerns about corporate governance and regulatory oversight in the country. “They talk about corporate governance, responsibility, and accountability. The industrialists should be asked to follow the rules and regulations, but even the agencies were defending him. The SEBI has not yet been able to prove charges against him,” she said, pointing to what she viewed as failures in ensuring accountability.

'BROUGHT DISREPUTE TO INDIA'

On US charges against Gautam Adani, AAP leader Sanjay Singh called for a probe against the industrialist. He said that the probe should be conducted by an investigation agency under the Supreme Court.

"Adani Group has brought disrepute to India. This is a very serious matter. The PM of India should come forward and answer this. All the pending matters against Adani should be probed by an investigation agency under Supreme Court monitoring, and all the corruption done by him, within and outside the country, should come out before the country and action should be taken against him," he said.

BJP DFENDS

BJP IT cell chief Amit Malviya responded sharply to the Opposition’s criticism regarding allegations involving Adani Green Energy and US-based Azure Power. He pointed out that the charges in the indictment are only allegations and emphasised, “The defendants are presumed innocent unless and until proven guilty.”

Malviya argued that the crux of the case concerns agreements to supply 12 GW of power to the Solar Energy Corporation of India (SECI), contingent on SECI securing power purchase agreements with state electricity distribution companies (SDCs).

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