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7. Sexual assault - 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.

As per this definition, the offence involves the following necessary ingredients :

(i) Act must have been committed with sexual intention.
(ii) Act involves touching 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.

11. The appellant/accused is prosecuted for the charge of 'aggravated sexual assault'. As per the definition of 'sexual assault', a 'physical contact with sexual intent without penetration' is essential ingredient for the offence. The definition starts with the words - "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......' The words 'any other act' encompasses within itself, the nature of the acts which are similar to the acts which have been specifically mentioned in the definition on the premise of the principle of ' ejusdem generis.' The act should be of the same nature or closure to that. The acts of 'holding the hands of the prosecutrix', or 'opened zip of the pant' as has been allegedly witnessed by PW-1, in the opinion of this Court, does not fit in the definition of 'sexual assault'.