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9. The prosecution made allegations against the accused that he had sexually harassed CW-4 aged about 16 years on 31.5.2014 at about 7.15 p.m., in his house, and he had sexually abused CW-4, with sexual intention he had hugged her in his room, when she protested he kept her on Sajja of the bathroom and latched from outside. The incident occurred after coming into force of Protection 6 Spl.C.C.585/14 of Children from Sexual Offence Act, 2012. In view of Section 2(1)(d) of POSCO Act "child" means any person who is under the age of 18 years. According to prosecution PW-4 was aged about 15 years as on the date of alleged incident. At the time of oral evidence PW-4 has stated that her age was 16 years. Her evidence was recorded on 23.8.2016. On going through the evidence of PW-1 to 4 the age of the victim has not been disputed on otherside. Apart from that the prosecution got certified the age of prosecutrix from the Doctor at KIMS hospital, Bangalore. Accordingly, her age as on the date of incident is between 14 to 16 years based on the physical, dental and radiological examination. This evidence remains unchallenged on defence side. Hence, the age of the victim as on the date of occurrence is very well be concluded that she was under

In the present case accused has been prosecuted for offence under Section 7 of POSCO Act to which Section 29 also applies. However, it is the duty of the prosecution first to establish its case beyond reasonable doubt, then it shifts over to the accused to rebut the presumption. Therefore, first the evidence available on prosecution side is to be looked into.

11. There are two charges of which are interconnected to each other. There is charge under Section 354-A of I.P.C. and third head is for offence under Section 7 r/w Section 8 of POSCO Act. Section 354-A (in view of amendment Act 2013) provides sexual harassment and punishment for sexual harassment. Relevant portion reads as under:

"(1) A man committing any of the following acts:
8 Spl.C.C.585/14
i) Physical contact and advances involving unwelcome and explicit sexual overtures; or
ii) A demand or request for sexual favours; or."

On plain reading of aforesaid provision it provides the sexual harassment.

12. Section 7 of POSCO Act deals with sexual assault. It provides as under:

"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".

13. Section 354-A and Section 7 are read together both involve physical contact without penetration amounting to sexual assault/harassment. Whereas under Section 7 of POSCO Act, act should be coupled with sexual intention. The offence under Section 354-A and Section 7 of POSCO Act are almost one and the same. So far as concerned to ingredients under Section 7 of POSCO Act there must be sexual intention for the act done as laid down therein. Therefore, there are two crucial points to be looked into.