Protection of Children from Sexual Offences Act, 2012
7. Sexual assault.—
Whoever, with sexual intent touches the vagina, penis, anus or breast of the child ... 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
Sexual Offences Act, 2012
11. Sexual harassment.—
A person is said to commit sexual harassment upon a child when such person with sexual intent ... sexual act; or (vi) entices a child for pornographic purposes or gives gratification therefor. Explanation.— Any question which involves “sexual intent” shall be a question
charge of ‘aggravated sexual
assault’. As per the definition of ‘sexual
assault’ a ‘physical contact with sexual
intent without penetration’ is essential
ingredient ... pertains to “sexual harassment” - A person
said to commit sexual harassment upon a child when such
person with sexual intent -
“(i) – utters any word
POCSO
Act which speaks of sexual assault and sexual intent, the same can only be
brought out after elaborate evidence is recorded ... POCSO Act reads as follows: -
"7. Sexual Assault.- Whoever, with sexual intent touches the
vagina, penis, anus or breast of the child or makes
POCSO Act defines "Sexual Assault"
wherein it has been provided that "whoever, with sexual
intent touches the vagina, penis, anus or breast ... trustworthy that accused had sexually assaulted child
victim aged 08 years by touching her waist and vagina
with sexual intent. Accordingly, accused is convicted
POCSO Act as under:
"7. Sexual assault. - Whoever, with sexual intent touches the vagina,
penis, anus or breast of the child or makes ... fine.
"11. Sexual harassment.- A person is said to commit sexual harassment
upon a child when such person with sexual intent,--
(i) utters
POCSO Act defines sexual assault in the
following words.
"7. Sexual assault.- Whoever, with sexual intent touches
the vagina, penis, anus or breast ... sexual or non sexual
parts of a body of a child with gloves, condoms, sheets or with
cloth, though done with sexual intent would
sexual
harassment.
12. Section 7 of POSCO Act deals with sexual assault. It provides
as under:
"Sexual Assault - whoever, with
sexual intent touches ... sexual assault or sexual harassment. In order to attract Section 7 of
the POSCO Act, the act of sexual assault coupled with sexual intent
sexual assault
defined by the POCSO Act has been defined under Section 7 of this Act as
follows:
"Sexual Assault - Whoever, with sexual intent ... said to commit sexual assault."
32. For an offence committed under Section 7 POCSO Act needs, the accused:
• With sexual intent
• Touches
fact, the action of the appellant was
not motivated with sexual intent and the circumstances in
which the touch or physical contact occurs would ... nature of
physical assault devoid of any sexual overtones would not
satisfy the statutory requirement of sexual intent.
Consequently, it is argued that the appellant
