Mr. K. K. Venugopal, learned Attorney General for India, made a mention, bringing to our notice a judgment dated 19.01.2021 passed by the High
Court of Judicature at Bombay, Nagpur Bench, in Criminal Appeal No.161/2020 wherein the High Court has apparently acquitted the accused under
Section 8 of the POCSO Act, 2012 on the ground that the accused had no sexual intent in committing the offence under POCSO Act because there
was no direct physical contact, i.e., skin to skin.
Mr. Venugopal, learned Attorney General, submitted that the judgment in question is likely to set a dangerous precedent.
In view of what is stated, we permit the learned Attorney General to file an appropriate petition against the said judgment.
In the meantime, we stay the acquittal of the accused in Criminal Appeal No.161/2020 in respect of the offence under section 8 of the POCSO Act.
Issue notice to the accused and the State of Maharashtra returnable two weeks.
Order accordingly.
