Calcutta High Court Rules: Grabbing Breasts is Aggravated Sexual Assault Under POCSO

The Calcutta High Court recently made a significant ruling in a case involving sexual assault. The court decided that an attempt to grope someone’s breasts is considered aggravated sexual assault under the Protection of Children from Sexual Offences Act (POCSO), not just an attempt to rape.

This decision came after a man named Zomangaih @ Zohmangaiha appealed his 12-year prison sentence. His lawyer, Ashima Mandla, argued that the evidence didn’t support the charge of attempted rape. She pointed out that the initial police complaint by the victim only mentioned an attempted kiss, not any breast grabbing.

Mandla further argued that the victim only mentioned the breast grabbing during her testimony in court, claiming it happened while the accused was trying to stop her from leaving the house. She questioned whether the grabbing was truly motivated by sexual intent or simply part of restraining the victim.

However, the High Court disagreed with the defense’s argument and upheld the conviction for aggravated sexual assault. This ruling clarifies that any attempt to sexually touch someone without their consent, even if it doesn’t involve penetration, is a serious offense under POCSO.