VidhiSangh

Supreme Court of India · 18/11/2021

ATTORNEY GENERAL FOR INDIA versus SATISH AND ANOTHER

[2021] 10 S.C.R. 955 · 2021 INSC 762

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Summary

The Court rejected the view that sexual assault under POCSO requires skin-to-skin contact. Touching through clothing, or another act involving physical contact without penetration, falls within Section 7 when accompanied by sexual intent. It restored the convictions of two accused, imposing three years’ rigorous imprisonment on Satish and five years on Libnus for aggravated assault on a child below twelve. Justice Bhat concurred separately, emphasizing statutory context, dignity and direct as well as indirect contact.

Issues

  1. Whether Section 7 requires direct skin-to-skin contact or excludes contact through clothing.
  2. How sexual intent, statutory presumptions and the rules of strict construction apply.
  3. Whether the proved conduct supported sexual-assault convictions and the aggravated offence.

Provisions considered

Held

Result

High Court judgments set aside and Special Court convictions restored. Satish: three years’ rigorous imprisonment and Rs.500 fine under Section 8, with one month’s simple imprisonment in default. Libnus: five years’ rigorous imprisonment and Rs.25,000 fine under Section 10, with six months’ simple imprisonment in default. No separate sentences for the other offences; both directed to surrender within four weeks. Registrar General directed to ensure proper certified-copy procedure.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 955.