The conviction and 12-year sentence of a man found guilty of sexually abusing a minor was temporarily postponed by the Calcutta High Court.
According to the court, trying to touch the victim's breasts amounted to aggravated sexual assault under Section 10 of the POCSO Act rather than attempted rape.
The victim's testimony and medical findings, according to the bench, did not show penetration or an attempt at it, which is necessary for a case of attempted rape.
There was no mention of an attempt to penetrate, but the victim said that the accused attempted to grope her breasts while intoxicated.
The defense emphasized discrepancies between the victim's testimony and her initial complaint, stressing that the accusation of breast grabbing was made later in the trial.
According to the court's interpretation, the offense could not be categorized as attempted rape under the POCSO Act since there was no proof of an attempt to penetrate.
Aggravated sexual assault is punishable by 5–7 years in prison under Section 10 of the POCSO Act, while attempted rape is punishable by at least 10 years in prison under Section 376 IPC.
The court decided that the sentence should be suspended pending appeal because the accused had already spent about two years and four months in detention.
The court stated that an early hearing of this case was improbable due to the substantial backlog of criminal appeals.
In light of these considerations, the court granted the accused bail and suspended the execution of the conviction and sentence until the outcome of the appeal.
The decision may impact how courts distinguish between attempted rape and aggravated assault under the POCSO Act.
The victim's feeling of justice may be affected by the offense's categorization, which may be interpreted as downplaying how serious the conduct was.
Discussions over the suitability of legislative provisions in addressing non-penetrative sexual offenses against minors have been triggered by the ruling.
Continuous training can help judges better understand sexual offenses and support empathetic, informed rulings.