Calcutta HC Rules Breast Groping as 'Aggravated Sexual Assault'
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Synopsis
On April 25, the Calcutta High Court ruled that an attempted breast groping incident qualifies as 'aggravated sexual assault' rather than 'attempted rape,' leading to a reconsideration of sentencing for the accused under the Pocso Act.
Key Takeaways
- The Calcutta HC classified breast groping as aggravated sexual assault.
- The trial court's conviction was suspended.
- The accused has been in prison for 28 months.
- Charges may be reduced, impacting sentencing duration.
- The ruling does not affect the pending appeal.
Kolkata, April 25 (NationPress) The Calcutta High Court ruled on Friday that a prior ruling from a West Bengal trial court, which found an accused guilty under the Protection of Children from Sexual Offences (Pocso) Act, should be reconsidered. The court noted that an attempt to grope the breasts of a victim can only substantiate a charge of aggravated sexual assault rather than attempted rape under the law.
The trial court had convicted the accused on counts of both aggravated sexual assault and attempted rape, sentencing him to 12 years of rigorous imprisonment.
During the appeal hearing, a division bench consisting of Justice Arijit Banerjee and Justice Biswaroop Chowdhury observed that the medical examination of the victim did not reveal any signs of penetration or attempts thereof.
The victim stated that the accused attempted to grope her breasts while under the influence of alcohol.
The bench remarked, “Such evidence may support a charge of aggravated sexual assault under Section 10 of the POCSO Act, 2012, but does not prima facie indicate an attempted rape offense.”
Additionally, the judges mentioned that if the charges were ultimately reduced to just aggravated sexual assault, the convict's sentence could also be reduced to between five and seven years, as opposed to the 12 years applicable for attempted rape.
In the current situation, the convict has spent 28 months in prison.
The bench ordered the suspension of the conviction and sentence until the appeal is resolved or until further orders are issued, and also stayed the fine payment until the appeal's resolution.
However, the division bench clarified that its comments should not influence the appeal process.
