POSTERIOR IS INCLUDED IN PRIVATE PARTS: BOMBAY HIGH COURT 

19th Feb 2021

After Nagpur Bench - Bombay High Court gave an alarming judgment, which sets a dangerous precedent in future by acquitting a man charged under POSCO rather convicted him under IPC ‘Minor Offence’ as there was no physical contact.

A new case has been seen, where a 22-year-old has been convicted under POSCO for 5 yrs under Section 10 of PROTECTION OF CHILDREN FROM SEXUAL OFFENCES and Section 354, 354A of IPC. This incident occurred on 17th February, when the Victim, 10 yrs old, went out to buy bread and was teased by 4 boys. She was further followed by one of the boys to the temple, who touched her private part (posterior). The defence stated that the posterior does not include the private part and hence does not fit the private part's definition. The Court held, although the definition provided by Google does not include posterior in private parts but as far as Indians are concerned, it is not an acceptable interpretation. It is clearly established that the touch was with sexual intention and hence convicted for 5 years.

Author: Papiha Ghoshal