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SUPREME COURT OF INDIA
S.A. BOBDE, CJI., A.S. BOPANNA, V. RAMASUBRAMANIAN, JJ.
ATTORNEY GENERAL FOR INDIA - Petitioners
Vs.
SATISH & ANR. - Respondents
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 2286/2021
Decided on : 27-01-2021
POCSO Act - Acquittal under Section 8 - Lack of Sexual Intent - The court stayed the acquittal of the accused under Section 8 of the POCSO Act, 2012, based on the ground that the accused had no sexual intent in committing the offense due to the absence of direct physical contact.
Fact of the Case:
The High Court acquitted the accused under Section 8 of the POCSO Act, 2012, based on the absence of sexual intent due to no direct physical contact.
Finding of the Court:
The court stayed the acquittal and permitted the Attorney General to file a petition against the judgment, expressing concerns about setting a dangerous precedent.
Issues: Acquittal under Section 8 of the POCSO Act, lack of sexual intent, potential dangerous precedent.
Ratio Decidendi: The court's decision to stay the acquittal was influenced by the concern that the judgment could set a dangerous precedent regarding the interpretation of sexual intent under the POCSO Act.
Final Decision: The court stayed the acquittal and issued notice to the accused and the State of Maharashtra, allowing the Attorney General to file a petition against the judgment.
Key Points: - The court stayed the acquittal of the accused under Section 8 of the POCSO Act, 2012 due to concerns about lack of sexual intent without direct physical contact (!) (!) . - The Attorney General submitted that the judgment could set a dangerous precedent (!) (!) . - The court permitted the Attorney General to file a petition against the judgment (!) (!) . - The court issued notice to the accused and the State of Maharashtra returnable in two weeks (!) (!) . - The final decision was to stay the acquittal and allow the petition process to continue (!) (!) .
ORDER :
1. Mr. K. K. Venugopal, learned Attorney General for India, made a mention, bringing to our notice a judgment dated 19.01.2021 passed by the High Court of Judicature at Bombay, Nagpur Bench, in Criminal Appeal No.161/2020 wherein the High Court has apparently acquitted the accused under Section 8 of the POCSO Act, 2012 on the ground that the accused had no sexual intent in committing the offence under POCSO Act because there was no direct physical contact, i.e., skin to skin.
2. Mr. Venugopal, learned Attorney General, submitted that the judgment in question is likely to set a dangerous precedent.
3. In view of what is stated, we permit the learned Attorney General to file an appropriate petition against the said judgment.
4. In the meantime, we stay the acquittal of the accused in Criminal Appeal No.161/2020 in respect of the offence under section 8 of the POCSO Act.
5. Issue notice to the accused and the State of Maharashtra returnable two weeks.
Order accordingly.
Interpretation of sexual intent under the POCSO Act and the potential impact of the judgment on setting legal precedents.
Provisions of law reveals that to hold somebody guilty of sexual assault punishable under Section under Section 8 of POCSO Act, it is obligatory to prove that accused with sexual intent touched vagin....
Conviction under POCSO Act requires proof of sexual intent, which was not established, leading to appellant's acquittal.
Leave to appeal granted against POCSO acquittal due to trial court's erroneous disregard of victim's testimony and Section 29 presumption.
The prosecution failed to establish credible evidence to support charges of stalking and harassment against the respondent, leading to the upheld acquittal.
The absence of sexual intent in the victim's testimony can lead to quashing of charges under the POCSO Act, especially when parties reach an amicable settlement.
The court ruled that under Section 42 of the POCSO Act, the appellant should only be punished under the provision providing the greater penalty, affirming the conviction but modifying the sentence.
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