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 ... 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
under
Section 9(m) r/w Section 10 of POSCO Act. Another is under
Section 354-A of I.P.C.
Section 7 of POSCO ... another
ingredient of Section 7 . I have discussed in supra about the 3
parts of Section 7 of POSCO Act. The latter part
Section 7 of POCSO Act is made out. The Trial Court
framed the charges under Section 9 (l) , 9 (m) which are punishable under
Section ... convicted the appellant for the offences
under Sections 7 which is punishable under Section 8 of the POSCO Act. The
Trial Court has given
Section 9(m) r/w Section
10 r/w Section 18 of POSCO Act. Thirdly, under Section 11
r/w Section 12 of POSCO ... assault ( Section 7 ) and sexual harassment
( Section 11 ).
35. It is better to go through the ingredients of Section 7
of the POSCO Act. Section
Section 9(m) r/w Section 10 of POSCO Act. There is also
another charge under Section 9(m) r/w Section 10 of POSCO ... years. Hence, the charge is under
Section 9(m) of POSCO Act.
27. Section 7 defines Sexual Assault. It reads as under:
Sexual Assault - Whoever
this aspect under Section
POSCO Act i.e., 5th charge under Section 9(m) r/w Section 10
of POSCO Act. First charge ... Section 5(m) r/w Section 6 and
under Section 11(i)(ii) r/w Section 12 and
under Section 9(m) r/w Section
State vs . (I) Tejinder Singh @ Lucky Singh on 5 January, 2013
IN THE COURT OF
order
dated 19.12.2017 summoned the
appellants under Section 323 , 353 , 504 ,
506 IPC and Section 7/8 POSCO Act. The
appellant filed an application under
being asked, may amount to protection against commission of offence under Section 494 / 495 I.P.C. It is well settled law that writ ... supra) the F.I.R. Under Sections 363 , 366 , 352 , 506 I.P.C. and Section 7/8 POSCO Act was quashed by the Court
come within
the purview of sexual assault as defined in Section 7 of the
POSCO Act, 2012 and, therefore, order framing charge for
offence punishable ... would be appropriate
to set out provisions contained in Section 7 of the POSCO Act,
2012, which reads as under:-
"7.Sexual Assault: - Whoever