In a recent ruling, Calcutta High Court said that regardless of the development of breasts in a 13-year-old girl, touching that part of the body even when it is not developed is considered as sexual assault.
As reported by Live Law, an incident took place in 2017 for which police registered an FIR against a man named Rohit Pal on the basis of a complaint made by the mother of a 13-year-old girl. As per the allegations, the man was accused of touching the girl inappropriately and kissing her on the face when there was nobody at home. He was convicted under Section 8 of the POCSO Act and Section 448 of the IPC.
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It's immaterial whether the breasts were developed or not
When the proceedings were going on, the accused said that the question of touching a girl's breast did not arise as her breasts were not developed.
Responding to this, Justice Bibek Chaudhury said, "It is absolutely immaterial whether breasts of a 13-year-old girl were developed or not. The specific part of the body of a girl of 13 years of age shall be termed as breast... even if her breasts are not developed due to certain medical grounds."
The sexual intent of the accused can be known from sources
On kissing a 13-year-old girl by a grown-up man, the court said, “The sexual intent of a person can be gathered from the specific contact of the accused and the surrounding circumstances. There cannot be any direct evidence of sexual intent. In the instant case entering into the house of the de facto complainant in the absence of her and her husband, touching the body of the victim girl, and kissing her shows that the accused had sexual intent and, therefore, the act involves physical contact by the accused with the victim and he was rightly convicted under Section 8 of the POCSO Act", quoted as saying by Live Law.