New Delhi, February 11
Justice Pushpa Ganediwala of the Bombay High Court who delivered the controversial ‘skin-to-skin’ judgment in a case under the Protection of Children from Sexual Offence Act – has resigned.
In December last year, the Supreme Court Collegium led by CJI NV Ramana had chosen not to give any extension or confirmation to Justice Ganediwala despite the fact that her tenure as an additional judge was due to expire on February 12, 2022. She resigned on February 11, it was reported.
Her January 19, 2021, verdict created a furore with Attorney General KK Venugopal, National Commission for Women, Youth Bar Association of India and the Maharashtra Government challenging it before the top court which first stayed it and then finally reversed it.
Holding that direct “skin-to-skin” contact is not essential to constituting an offence under the POCSO Act, the Supreme Court had on November 18 last year overturned the verdict acquitting two men accused of groping a minor girl.
“The High Court erred in holding that there was no offence since there was no direct physical contact i.e. “skin to skin” with sexual intent… The most important ingredient for constituting the offence of sexual assault under Section 7 of the Act is the “sexual intent” and not the “skin to skin” contact with the child,” a Bench of Justice UU Lalit, Justice Bela M Trivedi and Justice S Ravindra Bhat had said.
Justice Ganediwala of the Nagpur Bench of the Bombay High Court had on January 19 last year acquitted accused Satish and Libnus, holding that groping the breasts of a minor girl over her clothes didn’t amount to “sexual assault” under the Prevention of Children from Sexual Offences (POCSO) Act. However, she convicted them of “outraging modesty of woman” under Section 354 of the IPC and gave them a two-year jail term.
Reversing the HC verdict, the top court had sent Libnus and Satish to jail for five years and three years and asked to pay a fine of 25,000 and Rs 500, respectively.
