'Bums Are Private Body Part As Far As We Indians Are Concerned': POCSO Court Holds 22-Yr-Old Guilty Of Sexual Assault
20 Feb 2021
A Special POCSO Court in Mumbai has held that the posterior (buttocks) of a woman is also her 'private part' and a person who touches the same shall be liable for the offence of sexual assault. The Court of Additional Sessions Judge MA Baraliya held, "The word private part is to be translated into the sense what is meant by it in our our society. Google may not be interpreting bums as private part as submitted the advocate. it is not appropriate interpretation as far as we Indians are concerned.
The Court was managing a criminal case recorded by the dad of a 10-years of age young girl, who had grumbled that a kid contacted her bum while she was going towards the temple. It was the indictment's case that the person in question and her companion were going towards the temple when a kid wearing a dark Shirt, from a gathering of four young men sitting close by, moved toward her and contacted her private part. It was affirmed that after this occurrence, all the young men began snickering and the casualty surged back to her home. a FIR was stopped for commission of offenses culpable under Section 354 (Attack or criminal power to lady with purpose to shock her humility) and 354A (sexual harassment) of IPC and under Section 10 (sexual assault) of the POCSO Act, and the22 - a long time old blamed was caught the following day, supposedly wearing a similar dark Shirt. At the beginning, the Court dismissed the denounced' entries that bum is definitely not a private part. It held that the word private part needs to deciphered in Indian setting. It said, "Charged had contacted her bums, the private part, clearly with the aim to explicitly attack upon her. Blamed by contacting or tapping on her, bums, has submitted the demonstration with full information and expectation to shock her humility and to attack her explicitly."
In this context, the Court referred to the definition of 'Sexual assault' under Section 7 of the POCSO Act. the provision states: "Whoever, 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."