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The Delhi High Court’s observation came while reducing the sentence of a rape accused from 10 years to five years.
| Photo Credit: FILE PHOTO
A “simple touch” cannot be considered “manipulation” of a minor victim’s body so as to cause penetration and attract the offence of penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, the Delhi High Court observed on Monday.
The court observed that “touch” was a separate offence under Section 7 of the POCSO Act and “a simple act of touch cannot be considered to be manipulation under Section 3(C)”.
Justice Amit Bansal made the remarks while reducing the sentence from 10 years to five years imprisonment for a man convicted of raping a six-year-old girl student of his brother, who was a tuition teacher.
The man was arrested on August 9, 2016, and a chargesheet was subsequently filed after an investigation by personnel from the Lahori Gate police station.
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