Jabalpur High Court Reduces Life Term To 5-Years Jail In A Case Of ‘Bad Touch’ Against Minor Girl

Jabalpur (Madhya Pradesh): High Court at principal seat Jabalpur modified the sentence of a man in a POCSO case by reducing life imprisonment to five years rigorous imprisonment for ‘bad touch’ to a minor girl.

The court set aside the special court (POCSO) Betul order of January 25, 2023 where a man was convicted for offence of aggravated penetrative sexual assault under section 6 read with sections 5 (L) and (M) to rigorous life imprisonment and fined Rs 2000.

A division bench comprising Justice Vivek Agarwal and Justice AK Singh held the case of the appellant at best will fall under section 7 deals with sexual assault and punishable under Section 8 of POCSO Act considering the testimony of the victim and the doctor.

The appellant is convicted for offence under Section 7 of the POCSO Act and is punished under Section 8 for undergoing rigorous imprisonment for five years with fine of Rs 5000, the court ordered.

The appeal was filed by the convict on ground that the testimony of the victim and the doctor is evident that the case is of non-penetrative sexual assault and the accusations of bad touch are covered in section 7 and punishable in section 8 of POCSO Act. The court allowed the appeal in part.