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16. Now the question for consideration of this court is, whether the 'pressing of breast' and 'attempt to remove salwar' would fall within the definition of 'sexual assault' as defined under Section 7 and punishable under Section 8 of the POCSO Act. For better appreciation of evidence, it would be necessary to look into the definition of 'sexual assault', which is reproduced below:

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 intent.
(ii) Act must involve touching the vagina, penis, anus, or breast of the child.

or making the child touch the vagina, penis, anus or breast of such person or any other person.

"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.

18. Evidently, it is not the case of the prosecution that the appellant removed her top and pressed her breast. The punishment provided for offence of 'sexual assault' is imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine. Considering the stringent nature of punishment provided for the offence, in the opinion of this Court, stricter proof and serious allegations are required. The act of pressing of breast of the child aged 12 years, in the absence of any specific detail as to whether the top was removed or whether he inserted his hand inside top and pressed her breast, would not fall in the definition of 'sexual assault'. It would certainly fall within the definition of the offence under Section 354 of the Indian Penal Code. For ready reference, Section 354 of the Indian Penal Code is reproduced below :