A special POCSO court in Mumbai ruled that a woman’s rear part is also her private body part and anyone who touches her private body part is liable for the crime of sexual assault.
According to the prosecutor, the girl complained to her parents that a 22-year-old boy had touched her private part. The parents then filed an FIR claiming that the defendant had committed a criminal offense under sections 354, 354A IPC and section 10 of the POCSO Act.
The Judge for Additional Sessions took the view that the definition of the term “private part” would be interpreted in the context of society and not according to the definition provided by Google.
The court also found that a woman’s rear part is a private part for Indians.
The court denied the other party’s statements, stating that the defendant touched the back of the girl with the intention of sexually assaulting her.
The court also stated that the 22-year-old committed the act with the intent and knowledge of outraging her modesty.
The court also held that although Section 7 of the POCSO Act, which defines sexual assault, does not include the term “posterior”, the act of touching it cannot be described as having no sexual intent.
The bank was referring to the “Butt Slapping Case” or the Kanwarpal Singh Gill case, in which the DGP was convicted of slapping an IAS officer. The conviction was upheld by the Supreme Court of India.
The court drew the same analogy and found that the prosecutor had succeeded in proving the defendant’s guilt.